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HomeMy WebLinkAboutPC Reso 87-079 Approving villages at Willow Creek project for a proposed multiple family residential Dev RESOLUTION NO. 87 - 079 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW REQUESTS PA 87-118.1 AND .2 POST CALIFORNIA PARTNERSHIPS, LTD. - VILLAGE V OF THE VILLAGES AT WILLOW CREEK PROJECT FOR A PROPOSED MULTIPLE FAMILY RESIDENTIAL DEVELOPMENT OF 204 APARTMENT/CONDOMINIUM UNITS PROPOSED OVER A 13.1+ ACRE PROPERTY FRONTING AT THE SOUTHWEST QUADRANT OF THE INTERSECTION OF DOUGHERTY ROAD AND THE ALAMEDA COUNTY/CONTRA COSTA COUNTY LINE WHEREAS, Post California Partnerships, Ltd. request approval of a Conditional Use Permit to allow modification to the approved Land Use and Development Plan for the Villages at Willow Creek PD, Planned Development District project to establish a new Land Use and Development Plan for Village V of the project; and WHEREAS, Section 8-31.18 of the Zoning Ordinance establishes the Conditional Use Permit process as the mechanism to allow consideration of minor modifications to approved Land Use and Development Plans; and WHEREAS, Post California Partnerships, Ltd., concurrently requests approval of a Site Development Review for the proposed 204-unit apartment/ condominium project; and WHEREAS, the Planning Commission held a public hearing on said applications on December 7, 1987; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, pursuant to State and City environmental regulations, a Mitigated Negative Declaration of Environmental Significance has been previously adopted for the PD, Planned Develpoment District and Tentative Map covering the Villages at Willow Creek project (City Council Resolution No. 30-86); and WHEREAS, the Staff Report and Supplemental Staff Report were submitted recommending that the Conditional Use Permit application be conditionally approved; and WHEREAS, the Planning Commisison did hear and consider all said reports, recommendations, and testimony hereinabove set forth; and WHEREAS, the proposed land use, if conditionally approved is appropriate for the subject property in terms of being compatible to existing land uses in the area and will not overburden public services; NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission finds: A. The Conditional Use Permit and Site Development Review requests are substantially consistent with the intent and requirements set forth within the Conditions of Approval covering this property. Specifically, the request is substantially consistent with the requirements set forth by Resolution No. 31- 86 of the Dublin City Council (PA 85-041.1 Planned Development Rezoning) and Resolution No. 32-86 of the Dublin City Council (PA 85-041.2 Tentative Map 5511). B. The approval of the Conditional Use Permit and Site Development Review requests will be consistent with the Dublin General Plan. C. The Conditional Use Permit and Site Development Review requests will not have a significant environmental impact. A Mitigated Negative Declaration of Environmental Significance for the Rezoning and Tentative Map applications (PA 85-041.1 and .2) has been previously issued covering the proposed residential project. -1- D. The Conditional Use Permit and Site Development Review requests are appropriate for the subject property in terms of being compatible to existing and planned land uses in the area, will be visually attractive, will not overburden public services, and will provide housing of a type and cost that is desired, yet not readily available in the City of Dublin. E. The Conditional Use Permit and Site Development Review requests 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 improvement. F. General site considerations, including site layout, vehicular access, circulation and parking, setbacks, public safety and similar elements, have been designed to provide a desirable environment for the development. G. General architectural considerations, including the character, scale and quality of the design, the architectural relationship with the site building materials, colors and similar, elements have been incorporated into the project in order to insure compatibility of this development with its design concept and the character of planned future land uses. H. General landscape considerations, including the locations, provisions for irrigation, maintenance and protection of landscaped areas and similar elements, have been considered to insure visual relief to complement buildings and structures and to provide an attractive environment for the public. I. The site is physically suitable for the proposed development in that the site is indicated to be geologically satisfactory for the type of development proposed in locations as shown, and the site is in a good location regarding public services and facilities. CONDITIONS OF APPROVAL: Unless otherwise specified, the following conditions shall be complied with prior to issuance of building permits. Each item is subject to review and approval by the Planning Department unless otherwise specified. 1. Except as specifically modified or elaborated upon by the conditions listed below, development of the 13.1+ acre - 204-unit apartment/condominium project shall conform to the Conditions of Approval established by Resolution Nos. 31-86 and 32-86 of the Dublin City Council, approved on March 24, 1986, for City File PA 85-041.1 and .2. 2. Except as specifically modified elsewhere in these Conditions, development shall be generally consistent with the following submittals: a. Detailed Project Description for Village V (Post Creek) - as described by the Written Statement and the Environmental Assessment Form, both dated received August 24, 1987, and submitted with the application, as modified/elaborated upon by the November 16, 1987, letter from Roger Greer of Post California. b. Unit Plans, Building Plans, Elevations and Roof Framing Plans prepared by Niles Bolton Associates, consisting of 18 sheets and dated received August 24, 1987 (Sheets A-1 through A-18), as modified by the Revised Elevation Plans and Building Plans prepared by Niles Bolton Associates, consisting of 9 sheets and dated received December 2, 1987 (Sheets A4.1A, A4.1B, A4.2, A4.3, A4.4, A4.5, A5.1, A5.2 and A5.3). c. Architectural Elevations and Floor Plans for the Garages/Car Wash Building, Mail Kiosk, Pool Pump House, Car Wash/Maintenance Building, and Garages prepared by Niles Bolton Associates, consisting of five sheets and dated received August 24, 1987 (Sheets A-19, A-20, A-21, A-22, A-23 Garages). d. Revised Patio/Porch Plans prepared by Niles Bolton Associates, consisting of two sheets and dated December 2, 1987. e. Revised Site Plan and Grading Plan prepared by Planners & Engineers Collaborative, consisting of one sheet, and dated received December 2, 1987. -2- f. Architectural Elevations and Floor Plans for the Leasing Office/ Recreation Bulding prepared by Niles Bolton Associates, consisting of three sheets and dated received August 24, 1987, as modified by the Revised Leasing Office Plan prepared by Niles Bolton Associates, consisting of one sheet and dated received November 21, 1987 (Sheet A8.2). g. Preliminary Landscape Plan, consisting of a single sheet and dated received August 24, 1987, as supplemented by the Plant Material for Shade Tree Planting Plan, consisting of a single sheet and dated received October 20, 1987, and the Willow Creek Revegetation Drawings prepared by Anthony M. Guzzardo and Associates, Inc., consisting of 15 sheets and dated received October 27, 1987 (Sheets L-1 through L-15). h. Schematic Pool Plan prepared by Planners & Engineers Collaborative, consisting of a single sheet, and dated received December 2, 1987. Collectively, these materials shall serve as Exhibit "A" for this project, and shall be maintained on file with the Planning Department. 3. Except as may be specifically provided for within these Conditions of Approval, the development shall comply with City of Dublin Site Development Review Standard Conditions (see Attachment A). 4. Except as may be specifically provided for within these Conditions of Approval, development shall comply with City of Dublin Police Services Standard Residential Building Security Requirements (see Attachment B). 5. The Developer shall complete and submit the City of Dublin Standard Plant Material, Irrigation System and Maintenance Agreement (see Attachment C). 6. The design, location and materials utilized for any project retaining walls and fences shall be substantially as detailed on the Resubmittal Information Sheet entitled "Project Fencing" and accompanying transmittal dated received October 27, 1987, as modified by the November 16, 1987, letter from Roger Greer of Post California. Wooden fence posts, and any other wooden fence members in direct contact with the soil shall be pressure treated, unless an alternate treatment/material is approved by the Building Official. 7. The root shields utilized throughout this project shall be by Deep Root Control Products, made of high impact polystyrene, or of an equivalent design, as determined acceptable by the City Engineer. The locations where root shields shall be utilized shall be subject to review and approval by the City Engineer. 8. The Conditional Use Permit and the Site Development Review approvals shall be valid until December 17, 1988. The approval period for the permit may be extended one additional year (Developer must submit a written request for the extension prior to the expiration date of the permits) by the Planning Director upon his determination that the Conditions of Approval remain adequate to assure that the above stated Findings of Approval will continue to be met. Failure to excerise the approval, or to make substantial progress in completing the project, will cause the permit to become null and void. 9. Exterior colors and materials for the structures shall be subject to final review and approval by the Planning Director. Roofing materials shall be the fiberglass laminate shingle described in the Resubmittal Information submitted by the Developer on October 20, 1987, and labeled "Item 28E, Asphalt Shingles," or an approved equivalent. All ducts, meters, and other mechanical equipment on the structures shall be effectively screened from view with materials architecturally compatible with the main structures. 10. Textured project entry pavement treatment shall be supplied at both project entries off of North Loop Road. The design, materials, dimensional layout and traffic signing for the entry pavement areas shall be subject to review and approval as part of the Project Landscape Working Drawings. -3- 11. The striping and signing of internal roadways shall be subject to review and approval by the City Engineer prior to installation. Internal roadways shall be posted as private streets. Parking area striping and signing shall include small car, handicapped and visitor parking information. Use of double striping for open parking spaces is encouraged. 12. An advisory statement shall be supplied to all project residents regarding potential noise impacts related to the Camp Parks Reserve Training Facility (to be supplied within the project rental agreements). The advisory statement shall be substantially consistent with the draft statement provided below. The advisory statement shall be modified, as necessary, to reflect the latest available information from the Army Corps of Engineer's noise monitoring studies currently under way in conjunction with the preparation of a new Master Plan for Camp Parks RFTA, or any additional acoustical information regarding Camp Parks RFTA activities which become available prior to the issuance of building permits. In response to any new information made available prior to the issuance of building permits, supplemental acoustical analysis shall be performed to determine if any additional noise attenuation measures are required for this project. Written acknowledgement of receipt of the advisory statement shall be secured from all project renters (and, upon sale of individual units, from buyers as part of the settlement documents between seller and buyer). Upon request, a copy of said acknowledgments shall be given to the Planning Department. The Villages at Alamo Creek Residential Community lies adjacent to the Parks Reserve Forces Training Area. The following reports have been prepared addressing the potential noise impacts to the future residents of the Villages at Alamo Creek due to activity at Camp parks: 1) "Roadway Traffic and Parks RFTA Noise Analysis Study for Alamo Creek Villages, Dublin, California", prepared by Edward L. Pack Associates, Inc., and dated July 2, 1985, 2) "Sound Transmission (STC) Ratings for the Windows of the Planned Alamo Creek Villages", Dublin, prepared by Edward L. Pack Associates, Inc., and dated September 4, 1985, 4) "Alamo Creek Villages Noise Assessment", prepared by Charles M. Salter Associates, Inc., and dated December 13, 1985, and 5) "Final Comments Regarding Noise Impacts on the Villages at Alamo Creek", prepared by Charles M. Salter Associates, Inc., and dated January 17, 1986. Presently there is no specific information on the number of days that use of each of the arms training ranges will occur, nor as to the number of rounds that would be fired at each range over the course of the year. Therefore, an accurate value for the annual average community noise equivalent level (CNEL) at the Villages cannot be calculated. However, based on previous noise measurements and the fact that there will be virtually no night- time activity at this site, it is anticipated that the annual CNEL will be below the City of Dublin's outdoor noise criteria for residential development--a CNEL of 60 dB. On certain days with high activity levels, maximum noise levels will reach 70 dBA. These levels will exceed background noise levels in the area by as much as as 30 dBA and could be expected to annoy some of the residents. While the Army has previously indicated they do not anticipate having helicopters fly directly over residential areas, they do expect approximately 10 military helicopter flights per week into the Camp Parks area. Because these military helicopters generate high noise levels, sporatic complaints about helicopter over- flights can be expected. However, no nighttime helicopter flights are currently anticipated. Efforts have been made to sound-insulate all the residential buildings to mitigate potential noise impacts within the structures. -4- 13. The Applicant shall submit a Private Vehicle Accessway Agreement for review and approval by the City Engineer and City Attorney. The Agreement shall serve to establish a contract which will enable the City to provide specified maintenance service on the vehicle accessways in the event the Developer or the Homeowner's Association fails to so maintain them (see Sample Agreement - Attachment D). 14. Signs established for the project (as regards to number and location) shall be as generally depicted on the following submittals: 1) General Submittal Requirements document labeled "Signage Description - Post Creek" dated received August 24, 1987, and 2) Resubmittal Information document and accompanying transmittals labeled "Entry Sign Details - Post Creek" dated received October 20, 1987. On-site traffic regulatory signage (e.g. stop signs and street name signs) shall be subject to separate review and approval by the City Engineer as part of his review of the Project Improvement Plans. The size, design and copy of other project signs shall be subject to separate review and approval by the Planning Department as part of the review of Project Landscape Working Drawings. No off-site subdivision signs shall be utilized within the City limits until the appropriate Conditional Use Permit approvals are secured. 15. All construction shall be limited to take place between the hours of 7:30 a.m. and 6:00 p.m., Monday through Friday, except as may be approved in advance in writing by the City Engineer. 16. Transformers, irrigation control boxes, backflow devices, valves, and the like, shall be enclosed in vaults, fencing and/or painted out and land- scaped, as determined acceptable to the Planning Director. 17. If occupancy is requested to occur in phases, then all physical improvements shall be required to be in place prior to occupancy except for items specifically excluded in a Construction-Phased Occupancy Plan approved by the Planning Department. Said plan shall be submitted a minimum of 45 days prior to the occupancy of any unit covered by the plan. No individual unit shall be occupied until the adjoining area is finished, safe, accessible, provided with all reasonable expected services and amenities, and completely separated from remaining additional construction activity. Any approved Construction-Phased Occupancy Plan shall have sufficient cash deposits or other assurances to guarantee that the project and all associated improvements shall be installed in a timely and satisfactory manner. Any approved Construction-Phased Occupancy Plan shall indicate the proposed timing of completion of the project recreational facilities. At the request of the Planning Director, written acknowledgements of continuing construction activity shall be secured from all occupants or tenants for the portions of the project to be occupied, and shall be filed with the Planning Department. Said acknowledgements for a subdivision shall be part of the settlement documents between the Developer and Buyer, if applicable. 18. Unless a Condominium Plan is filed prior to the occupancy of any units for Village V, the Site Plan Improvements and Building Plans for the project shall be modified so that each unit will comply with State handicapped requirements, and the pathway system shall be modified so all paths of travel to the ground floor units comply with Title 24 requirements. Plans submitted (if the project is developed as a rental complex) shall detail finish grades on all walkways to show compliance. If a Condominium Plan is filed prior to the occupancy of the units in the project, then the adjustments to the pathyway systems shall be limited to minor adjustments which can easily be incorporated into the proposed Landscape and Grading Plans (i.e., eliminate use of walkway steps of one to three step heights and utilize rampways, wherever the size and grade of the surrounding landscape areas feasibly allow such a modification). 19. Unless specifically provided for within the Project Improvement Plans, parking of recreational vehicles (as defined in Section 8-22.51 of the City Zoning Ordinance) within this project is specifically prohibited. Said restrictions shall be prominently outlined within the lease agreements for all project tenants and, as applicable, the Terms of Sale Agreement for individuals purchasing units in the project. Upon request, copies of such documents shall be submitted to the Planning Department. 20. Development shall comply with Conditions outlined within the City Engineer's memorandum of September 21, 1987 (see Attachment E). -5- 21. The design and magnitude of any additional grading or filling proposed within the dry creek swale along the south boundary of the project shall be subject to review and approval by the Planning Department as part of the Project Landscape Working Drawings. Landscape treatment within this area shall be reflective of the design directives established by a horticultural report prepared for the existing mature trees in the swale area. 22. Trash service for this project shall be utilized by a single project trash compactor located at the southwest portion of the project. The precise design and location of the trash compactor, the layout of vehicular access and site grading necessary to accommodate the trash compactor and the manner of operation of the trash compactor shall be subject to review and approval by the City Planning, Engineering, Building Inspection and Police Depart- ments, the Dublin San Ramon Services District and the Livermore Dublin Disposal Service prior to the issuance of building permits. An operations manuel outlining the trash compactor's operation procedures and maintenance schedule shall be submitted for review and approval by the Planning Director. Review authority shall address, but not be limited to, design modifications necessary to avoid rodent problems (adjust height of hopper), handling of leakage or spillage problems (hook-up to DSRSD sewer if determined necessary), trash overflow problems and potential liability problems. Due to the fact that use of a single trash compactor for a residential project of this size has not been previously utilized in the City of Dublin, its use shall be subject to review by the Planning Director at the one-year and two-year anniversaries of the initial project occupancies. If it is the determination of the Planning Director that the trash collection system is not operating in an acceptable manner, then the Developer shall make the necessary revisions to the system, including provision of on-site trash enclosure areas if determined necessary by the Planning Director, to remedy the situation. 23. Prior to the issuance of building permits, the Developer shall submit a letter documenting that the Ordinance requirements of the DSRSD - Fire Department have been, or will be, satisfied. 24. The landscaping and irrigation along the west side of the project's North Loop Road frontage shall be installed a minimum of two weeks prior to requesting the framing inspection of the 100th unit in the project and prior to the occupancy of any units in this project. The landscaping and irrigation along the north side of the project's North Loop Road frontage shall be installed in phases with installation occurring in roughly one- third increments corresponding with the completion of the respective adjoining Building Groups located across the North Loop Road from that landscaping area (Building Groups 7, 8 and 9). Regardless of the timing of delivery of Building Groups 7, 8 and 9, the landscaping and irrigation along the north side of the project's North Loop Road frontage shall be installed prior to the one year anniversary of the initial occupancy of any unit in the project. 25. Detailed plans for project landscaping, irrigation, finish grading, parking layout and area lighting shall be subject to review and approval at the submittal of detailed Project Landscape Working Drawings. Plans covering these improvements shall be submitted for review and approval by the Planning Director prior to the issuance of building permits. These plans shall be at 1" - 20' scale and shall detail all items indicated in Section #11 - Site Plan and Section #12 - Landscape Plan of the City of Dublin General Submittal Requirements Form. The Site Plan details, especially as pertains to finish grading, the dimensional layout of parking areas, the intensity of landscape planting utilized, and the amount and location of ancillary landscape structures (such as fences, walks, walls, pools, trellises, etc.) shall be subject to review and approval by the Planning Department. Site lighting shall be supplied by the lighting fixtures cited in the resubmittal information sheet entitled "Lighting Plan" and the accompanying submittals, collectively dated received October 20, 1987, or an approved equivalent. 26. Complete Project Improvement Plans shall be submitted to, and approved by, the City Engineer prior to the issuance of building permits. -6- 27. Landscape and irrigation for that portion of Alamo Creek running from the Alameda County/Contra Costa County Line to Shady Creek Road shall be completed a minimum of two weeks prior to the request for the issuance of the 100th occupancy permit for Village V. 28. The on-site pedestrian walkway system developed for this project shall include connections out to the project-side curb for North Loop Road, as generally depicted on the Revised Site Plan and Grading Plan dated received December 2, 1987, modified to include one connection in vicinity to the north project entrance. 29. The internal pedestrian walkway system shall be subject to review and approval as part of the Project Landscape Working Drawings. 30. Fencing (of a design acceptable to the California Department of Fish & Game, ACFC & WCD - Zone 7 and the City Engineer) shall be installed along the north side of the project between Dougherty Road and Alamo Creek a minimum of two weeks prior to the requests for the issuance of the 100th occupancy permit for Village V. 31. A six-foot wide attached sidewalk shall be established along the north side of North Loop Road to extend the sidewalk proposed along Dougherty Road to link with the walkway system proposed along the east side of Alamo Creek. 32. The rental agreement form to be utilized for rental of private on-site garages shall be submitted for review and approval by the DSRSD-Fire Department and the Building Official to assure appropriate limitations on storage of hazardous and/or flamable materials are outlined within the rental agreement. Private on-site garage spaces for this project shall be utilized only by project residents. 33. The soundwall, sidewalk, and landscaping and irrigation along Dougherty Road from the Alameda County/Contra County Line to Shady Creek Drive shall be installed a minimum of two weeks prior to the request for the issuance of an occupancy permit for any unit in the project. Temporary openings in the wall shall be allowed for construction activity access, if approved by the City Engineer. 34. Landscaping and irrigation plans for the project's frontage along Dougherty Road shall be submitted with the Project Landscape Working Drawings for the project. 35. An exception is granted to Condition 26-c (SDR Submittal - Open Space) of the Findings and General Provisions established for the PD, Planned Development District covering the subject property (City Council Resolution No. 31-86) to allow the size of ground floor patio areas to be less than the required 140 square feet minimum size. The sizes of the respective patios in the project shall, at a minimum, match the sizes shown in Item 5 of the Applicant's November 16, 1987 letter. Patio sizes shall range in size from 14% to 20% of the size of the respective units in the project. 36. The size and configuration of decks established in the project shall be substantially as detailed in the plan submittal referred to in Condition #2 d above. (Ranging in size from 65+ square feet to 83+ square feet). 37. The individual private storage areas required to be established for this project (120 cubic feet as required by Condition 33 of the Findings and General Provisions established for the PD, Planned Development District covering the subject property) shall be supplied through the provision of individual exterior storage areas and/or provision of over-sized walk-in closets, substantially as depicted in the plan submittal referred to in Condition #2 d above. 38. The recreation area pool shall incorporate use of solar collector panels. The type of panel utilized shall be as detailed on the Resubmittal Information Sheet entitled "Solar Collector Panels" dated received October 20, 1987. The Developer shall supply documentation that the number, size and location of the panels utilized shall suffice to provide adequate pool heating for a reasonable length of time in each calender year. Heating of the pool may be supplemented by gas heaters. -7- 39. The number of carports and garages supplied in this project shall be adequate to provide one protected parking space for each of the proposed 204 units. The design of the carports shall be as generally detailed on the Carport Design - Cut Sheet and as depicted on the accompanying photograph, both dated received December 2, 1987, as modified by the Revised Preliminary Carport Design prepared by Niles Bolton Associates - James Guthrie & Associates, consisting of a single sheet, and dated received December 4, 1987. The materials used in the construction of the carports shall be modified to incorporate use of moderate to heavy wooden fascia bands and wooden support columns (or wooden trim wrap). The design modifications required to the carports shall be subject to review and approval by the Planning Director at the time building permit applications are filed for units in this project. 40. To satisfy the concerns that the City has regarding the architectural design of the side elevations of two of the five building types proposed for the Post Creek Project (Building Types D/B and G/H), the following process shall be observed to allow the Planning Department to give input on the project landscaping adjoining the affected building elevations: a. When the exterior of the first affected building has been completed the Planning Director from the City of Dublin and the President of Post California shall meet on the project site. b. The objective of the meeting shall be to analyze the building in its context and to determine the appropriate quantity, size, location and type of landscaping required to provide a satisfactory appearance and to visually soften the comparatively stark architectural elevations in question. c. They shall be assisted by the Project's Landscape Architect, who will present the proposed design for the landscaping adjoining the subject buildings elevations; he will also provide any and all information required to help them reach an agreement pertaining to the landscaping supplied in these areas. d. The concept of the landscape design that is agreed to through this process shall serve as the model, or standard, for all similar areas within the Post Creek Project. PASSED, APPROVED AND ADOPTED this 7th day of December, 1987. AYES: NOES: ABSENT: Plan ommissi Chairperson ATTEST: Planning Director -8-