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HomeMy WebLinkAboutPC Reso 83-017 PA 83-035 Amador Lakes- Recommend approval F RESOLUTION NO. 83-17 AN RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING APPROVAL OF PLANNED DEVELOPMENT REZONING CONCERNING PA 83-035 AMADOR LAKES WHEREAS, V. Mark Rafanelli and Ron Nahas, with the property owners consent, propose to rezone 40 acres of land (APN 941-500-1-7; 941-500-1-8; 941-500-1-10; and 941-500-1-11) located immediately south of the Alameda/Contra Costa County line, west of the extension of Stagecoach Road, and east of the S.P. Railroad right-of-way, from Planned Development for 240 to 558 units, to Planned Development for a specific project with 555 condominium units and a 3/4 acre retail/commercial site; and, WHEREAS, the Planning Commission, finds that the City of Dublin is in the process of preparing and adopting a general plan, and that there is reasonable probability that the proposed rezoning will be consistent with the future general plan; and WHEREAS, there is little or no probability that the rezoning will be a detriment to or interfere with the future general plan, should the new zoning ultimately be inconsistent with the future general plan; and WHEREAS, the Planning Commission finds that the rezoning will not have a significant environmental impact; and WHEREAS, the rezoning is appropriate for the subject property in terms of being compatible to existing land uses in the area, 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; and WHEREAS, the rezoning will not have substantial adverse effects on health or safety, or be substantially detrimental to the publc welfare, or be injurious to property or public improvements; NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends to the City Council that a Planned Development (PD) rezoning request for a 555-unit residential condominium as shown on the Plans labelled Exhibit "A", and subject to the following Conditions: GENERAL PROVISIONS 1. Compliance with Conditions of Approval for the 1486th Zoning Unit and Tract Map 4719 (attached) except as amended by these Conditions. 2. Compliance with the plans contained in Exhibit "A" and as amended by these Conditions. 3. Site Development Review approval by Staff shall be acquired prior to issuance of any building permit. The Site Development Review shall implement these General Provisions concerning the physical development of the project. 4. The maximum number of residential units shall not exceed 555 condominium units. 5. The retail/commercial site is not approved. It shall be used for open space purposes related to the Amador Lakes project. 6. All condominium units shall contain standard and currently available energy saving devices, and be insulated in accordance with Title 24, State of California Administrative h n Code and evidence shall be provided to the Building Official from P.G.& E. that the units meet P.G.& E.'s requirements of the "Energy Conservation Home Program" if it still exists at the time the units are to be constructed. 7. Compliance with the City of Dublin Residential Condominium Development Guidelines (as amended 3/30/83). 8. Compliance with City of Dublin Site Development Review Standard Conditions. 9. Compliance with City of Dublin Police Services Standard Residential Building Security Requirements. 10. The developer and/or property owner is to be responsible for the maintenance of the entire project and related improvements and shall continue said responsibility until such time as the Homeowners' Association assumes the responsibility. 11. The developer and/or property owner is to provide to the City Planning Department a status report as to the occupancy characteristics of the development once each year for three years. 12. There shall be compliance with DSRSD requirements, DSRSD Fire Department requirements, Flood Control District requirements, Public Works, and City Engineer requirements. Written statements from each agency approving the plans over which it has jurisdiction shall be submitted to the Planning Department prior to issuance of Building Permits or the installation of any improvements related to this project. 13. Unit address information and directories shall be provided to the satisfation of DSRSD Fire Department, Postal Service, and Dublin Planning Department. 14. Parkland dedication shall be made, and/or fees shall be paid prior to approval of the Final Map, and as provided by local ordinance, to the satisfaction of the City of Dublin and DSRSD. Should park land be dedicated and improvements be required, the improvements shall be acceptable to the City of Dublin and be installed as the City shall specify. 15. The maintenance responsibility and a contractual obligation for the maintenance of the landscaping, irrigation, lighting, fencing, and related improvements for Stagecoach Road, and related slope easements, shall be assigned and found acceptable to the City of Dublin, for the portion of the City of Dublin, and to the City of San Ramon, for that portion in the City of San Ramon, prior to approval of the Final Map, or building permits. The City will attempt to establish a Landscaping and Lighting Assessment District to serve that purpose. 16. Should Amador Lakes be built in phases: a) the undeveloped portion of the site shall be fenced off, or the area around the lake shall be fenced off, prior to the filling of the lake; b) the undeveloped portion shall be maintained in a manner acceptable to DSRSD Fire Department, and it shall be kept free of trash and debris; c) a complete road system shall be installed to assure that at least two major means of access are available at all times, or one major access and an emergency access shall be provided. d) 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. 17. Should the lake become dormant, present an irreversable health problem, or be so neglected that it no longer is a positive visual amenity, it shall be removed and its area shall be landscaped so as to be compatible with the remainder of the project. 18. The three managers' quarters shall become common facilities to be controlled by the Homeowners' Association when the Association is formed. 19. Prior to the sale of any units as condominiums, the following reports shall be filed with, and be approved by, the City Enginer: 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. b) a report by a Professional Engineer attesting that the structure of all buildings, pavements, storm drainage facilities; and the interior and exterior plumbing, electrical systems, and utility and mechanical equipment to be owned in common, or as part of individual condominiums, are in good and serviceable condition; c) a report by a licensed painting contractor certifying that painting throughout the project is in good condition and that the building exteriors should not require repainting for at least five years. 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. 20. Special storage areas of at least 100 cu. ft., each, shall be provided within, or adjacent to, each unit. At least one washer and one dryer shall be provided for every four dwellings. All appliances shall either be replaced with new units or be warranted to the values of new appliances. 21. (Deleted) 22. Improvements required for individual units under these Conditions may be deferred until the units are offered for sale provided that the installation of said improvements is guaranteed by a bond, cash deposit, or instrument of credit, at the time the final map is filed, or subsequent to that time, if acceptable to the City Engineer. 23. 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. 24. Carport columns shall be a minimum 16' from the center line of the adjacent driveway. 25. Handicapped ramps and access to each ground floor unit shall be provided. Handicapped parking stalls, appropriately signed, shall be provided evenly throughout the project. 26. Covenants, Conditions and Restrictions (C.C.& R.'s) shall be established for this development, and a separate C.C.& R shall be established for the related 150 single family home development. These C.C.& R.'s shall be approved by the Planning Director prior to filing of the Final Map. These C.C.& R.'s shall be reviewed and approved by the City to assure that: h n a. There is adequate provision for, at least, the maintenance of all commonly owned facilities, property and landscaping, including open space, roads, parking, lighting, recreation facilities, landscape, and the exterior of all buildings; b. Payment of dues and assessments shall be both a lien against the assessed land and a personal obligation of each property owner. An estimate of these costs shall be provided to each buyer prior to the time of purchase. c. The Association shall maintain all common areas in good repair, including drainage and erosion control improvements, fences, and landscaping; d. The Association shall keep the City Planning Department informed of the current name, address, and phone number of the Association's official representative; e. Payment of the water and street lighting (maintenance and energy) bills and maintenance and repair of storm drain lines are the obligations of the Homeowners' Association, unless paid for through a Lighting and Landscape Maintenance Assessment Districe. Also except where storm drains serve public property (streets and/or public land) in addition to the subdivision, the controlling public agency shall then be responsible for maintenance; f. Each buyer is to sign an acknowledgement that he has read the Constitution and Bylaws of the Homeowners' Association and the Conditions, Covenants, and Restrictions applying to the development. g. The Homeowners' Association shall contract with, or be advised by a professional management firm, as to how to handle maintenance operations and fee collection procedures. h. No recreational vehicle or boat may be stored within this development unless storage facilities exclusively designed for recreational vehicles and boats are . approved by the Dublin Planning Department are provided in the project. i. The Covenants, Conditions, and Restrictions shall provide that upon sufficient notice to homeowners, the serving utilities be authorized to enter any portions of the units whenever restoration of gas, electric, and telephone service is required; that the utilities shall have the right to install, move, remove, or run new lines in or on any portions of the common area, including the interior and exterior of the units (except where undergrounding is required by the Subdivision Ordinance) as is necessary to maintain telephone service within the subdivision, and that this provision may not be amended or terminated without the consent of the utilities. j. Guest parking areas must be identified by signs and the C.C.& R.'s shall prohibit the use of these areas by homeowner families. k. The Constitution and Bylaws of the Homeowners' Association shall include the obligations of the Association to be responsible for public liability in case of injury in connection with public utility easements, and for maintenance of the private vehicle access ways and utility trenches in public utility n easements. They shall further be void of any mention of future dedication of the access way to the City as a public street. 27. After the project has been completed, and subject to observing any minimum and maximum dimensions specified in the approved plan: a. In the common areas, plant materials, arbors, fences, paving materials, and similar landscape features may be added or replaced, in kind. b. Any construction, repair or replacement which would occur in the normal course of maintenance of the common areas as the project matures may occur subject to the securing of any permits or paying fees required by other ordinances. 28. All utilities to and within the project shall be undergrounded. 29. Gas and electric service for each unit shall be individually metered. All meters shall be screened from view and enclosed by an enclosure that is compatible in design and materials to that of the building to which it is installed. 30. Secure DSRSD agreement to maintain the on-site sanitary sewer collection system excluding individual laterals. The system shall be designed as acceptable to DSRSD. 31. Landscaping, irrigation and maintenance of same for Stagecoach Rd. shall be approved by the Planning Department prior to the issuance of any building permits or the granting of street improvement approvals. 32. Heating of the pools shall be by a solar heating system, the location and design of which will be reviewed as part of the Site Development Review. 33. The at-grade patios shall be fenced and landscaped for privacy of the units. 34. Developer shall furnish and install signs stating "Not a Publicly Maintained Street" and "Fire Access - Park in Designated Locations Only" in right-of-way of private streets. Parking spaces shall be designated by sign, paint or equal. 35. Fire hydrants shall be installed and operable, to the satisfaction of the Dublin San Ramon Services District Fire Department, prior to combustible construction. 36. Prior to final inspection and occupancy of any given group or cluster of units, via a construction schedule, subject to approval of the City Planning Director and City Engineer: a. Storm drainage facilities shall have been installed as approved by the City Engineer. b. Fire protection devices shall have been installed, be operable, and conform to the specifications of and inspections by the Dublin San Ramon Services District Fire Department. c. A 4" high concrete curb (minimum) to separate all paved parking and passageway areas from landscaped areas shall have been installed. Curbs may be deleted where a sidewalk adjoins parking and passageway, provided the sidewalk is at least 4" higher than adjoining pavement. n d. Cable TV hook-up shall be provided to each unit in the subdivision, in accordance with existing City regulations. e. 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 Homeowners' Association. f. Street name signs, bearing such names as are approved by the Planning Director, shall have been installed. 37. Prior to occupancy of any group or cluster of units in 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 equal to the cost plus 10% of the landscaping, lighting, appurtenant structures, irrigation system shall be provided to the City. A statement from the Project Landscape Architect certifying that landscaping has been installed under his/her supervision and is in accordance with approved plans shall be submitted to the Building Official and Planning Director. 38. Private Vehicle Accessways/Private Streets: a. Backfill of all utility trenches in private vehicle access way areas is to meet the recommendations of a licensed Civil Engineer specializing in the field of soils engineering. (In the absence of such a recommendation, City public street standards for trench backfill shall be utilized.) The soils engineer shall provide full-time inspector services when trenches are being backfilled in accordance with this recommendation. Ali work done within public utility easements is to be inspected by the responsible utility to a point six inches over the top of the pipe. All other work in the access way is to be inspected by the recommending soils engineer anC./or the City Engineer. Trench backfill in private vehicle access ways shall be compacted to a minimum of ninety percent relative compaction as determined by California Test Method No. 216. Trehch backfill in other areas outside of the private vehicle access ways shall be inspected and specified as to material and compaction requirements by the respective utility agency. In the absence of such requirements, the City Engineer shall make the determination. b. The developer, and then the subsequent Homeowners' Association is to covenant and be responsible for the maintenance of all facilities in the private vehicle access ti+ay_sqhich are not maintained by a public utility agency, except that all maintenance work resulting from backfill failure is to be the responsibility of the Homeowners' Association (after the one-year warranty period commencing from the time the Association takes effect). The developer is to be responsible for maintenance of all facilities during the one-year warranty period. c. The connection between the private vehicle access way and the public street is to be by a standard driveway type of connection. Driveway throat width (at back of sidewalk) shall be the same as the vehicle access way. d. Safety lighting is to be provided on private vehicle access way and on pedestrian-way facilities connecting thereto. Lights shall utilize "vandal resistant" IN enclosures, Increased lighting level at entrance shall be provided to the satisfaction of the City Engineer and Planning Director. e. A recorded contract, to run with the land, is to be established providing the City with authority to repair and/or maintain the private vehicle access way in the event the developer or the Homeowners' Association fails to so maintain them in a manner such that adequate access by vehicular traffic is provided at all times, so that fire, police, health and sanitation vehicles and public utility vehicles can service the properties contiguous or adjacent thereto, and so that said vehicles will have adequate turning areas. Provision is to be made in the contract to enable the City to recover costs of work performed by the City in these access ways. The contract should recite that the developer or Homeowners' Association grants the City the authority to enter and repair and maintain the private vehicle access way in consideration of the City allowing the use of private vehicle access ways, and that repair costs incurred by the City are to be shared, pro rata, by all units and collected as assessments along with County property taxes. 39. Approval of this Planned Development is for two years as is specified in Section 8-31.2(b) of the Zoning Ordinance. 40. Traffic Improvements: a) Comply with the traffic signal improvements and Stagecoach Road extension requirements, as specified by the conditions of approval for the 1486th Zoning Unit and Tentative Map, TR 4719. b) Pay $150 per unit, to the City, prior to issuance of any building permits, to be used by the City for road improvements on Amador Valley Blvd, between Stagecoach Rd. and Village Parkway. A bond in lieu of a cash payment may be accepted, if acceptable to the City Engineer. 41. Lake Safety and Health: a) The lake shall be designed by someone experienced in lake design, with credentials to be approved by the City of Dublin City Engineer. The lake shall be designed to provide a reasonable safety factor, which may or may not contain fencing, and which can be substantiated and attested to by the lake's designer. b) The lake's water, vegetation, below and above water surface, and related physical improvement, shall be designed by someone experienced in lake maintenance techniques, with credentials to be approved by the City of Dublin City Engineer. The above referenced items shall be designed to assure that the lake, when maintained in accordance with the procedures contained in a maintenance manual prepared by the designer, will be kept in a clean and healthy condition. c) The lake shall be maintained as called for in the maintenance manual specified in 41b), above. 42. Energy Conservation: a) Landscape shall be designed such that it adds to the energy conservation characteristics of the residential units. b) Comply with intent of the energy conservation requirements called for in the conditions of approval for the 1486th Zoning Unit. • 43. Prior to building construction: a. Grading must conform with the recommendations of the soils engineer to the satisfaction of the City Engineer. A declaration by the soils engineer that he has supervised grading and that such conformance has occurred shall be submitted. b. The following shall have been submitted to the City Engineer: 1) An as-built grading plan prepared by a registered Civil Engineer, including original ground surface elevations, as-graded ground surface elevations, lot drainage, and locations of all surface and subsurface drainage facilities. 2) A complete record, including location and elevation of all field density tests, and a summary of all field and laboratory tests. 3) A declaration by the Project Civil Engineer, and Project Geologist, that all work was done in accordance with the recommendations contained in the soil and geologic investigation reports and the approved plans and specifications. 4) Measures shall be taken to contain all trash, construction debris, and materials on site until disposal off-site can be arranged. The developer shall be responsible for corrective measures at no expense to the City. 44. If, during construction, archaeological remains are encountered, construction in the vicinity shall be halted, an archaeologist consulted, and the Planning Department notified. If, in the opinion of the archaeologist, the remains are significant, measures, as may be required by the Planning Director, shall be taken to protect them. PASSED, APPROVED AND ADOPTED THIS 19th DAY OF September, 1983. AYES: 4 NOES: 0 ABSENT: 1 lanning Co issi n hairman ATTEST: TL Plannin4.00,4_ re