HomeMy WebLinkAboutPC Reso 83-015 PA 83-004 Dublin Green- Approval of PD ORDINANCE NO. 83-15
AN ORDINANCE OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN
RECOMMENDING APPROVAL OF PLANNED DEVELOPMENT REZONING CONCERNING
PA 83-004 DUBLIN GREEN
WHEREAS, Calmet, Inc., proposes to rezone 13.4 acres of
land (APN 941-40-2-5, 941-40-5-2, and APN 941-40-8) northwest of
Dublin Blvd. and San Ramon Rd. from (R-S-D-35) Residential
Combining District to (PD) Planned Development, in order to build
a 269-unit apartment complex; 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 the Planned
Development (PD) rezoning request for a 269-unit residential
apartment be approved as shown on the Plans labelled Exhibit "A",
and subject to the following Conditions:
GENERAL PROVISIONS
1. Compliance with the plans submitted, and on file in the
Planning Department, labelled Exhibit "A", as amended by
these Conditions.
2. 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 and the
related design aspects of the San Ramon Road Specific Plan.
3. All units shall contain standard and currently available
energy saving devices, and be insulated in accordance with
Title 24, State of California Administrative 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.
4. Compliance with the City of Dublin Residential Condominium
Development Guidelines (as amended 3/30/83) (optional).
5. Compliance with City of Dublin Site Development Review
Standard Conditions.
6. Compliance with City of Dublin Police Services Standard
Residential Building Security Requirements.
7 . Compliance with City of Dublin Site Development Review
Standard Conditions .
8 . Compliance with City of Dublin Police Services Standard
Residential Building Security Requirements .
9 . The property owner is to be responsible for the maintenance
and repair of all buildings, landscaping, roadways and
related improvements .
10 . The 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 .
11 . A 6-foot high architecturally designed wall or heavy timber
fence shall be installed along the westerly property line.
In addition, an intensive landscaped buffer, containing fast
growing trees and shrubs, shall be installed within a 20-
foot minimum wide landscaped area to the east of the wall.
The landscaped areas shall be irrigated by an automatic
irrigation system and be maintained by the property owner.
12 . Landscape plans showing substantially more landscaping than
is shown on the Conceptual Landscape Plan, shall be
submitted to and be approved by the Planning Director prior
to any permits being issued for this project. In general,
six ( 6) trees per 1, 000 sq' .ft . of landscaping shall be
shown within all open space/landscaped areas . At least 75%
shall be 15-gal . size.
13 . Light standards shall be used which shield the light source
from view from off-site, and shall not shine onto adjacent
property.
14 . 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 .
15 . Carport columns shall be a minimum 16 ' from the center line
of the adjacent driveway.
16 . Handicapped ramps and access to each ground floor unit shall
be provided. Eight handicapped parking stalls,
appropriately signed, shall be provided evenly throughout
the project.
17 . Covenants, Conditions and Restrictions (C.C.& R. ' s ) or a
similar recorded contract shall be established for this
development . The C.C. & R. ' s shall be approved by the
Planning Director prior to issuance of building permits .
The C .C. & R. ' s shall be reviewed and approved by the City to
assure that :
a. There is adequate provision for at least the
maintenance of all facilities, property and landscaping
including open space, roads, parking, lighting,
recreation facilities, landscape and the exterior of
all buildings ;
b. The property owner shall maintain all facilities in
good repair, including drainage and erosion control
improvements, fences, and landscaping;
c . The property owner shall contract with, or be advised
by a professional management firm, as to how to handle
maintenance operations .
d. No recreational vehicle or boat may be stored within
this development .
•
e . The Covenants, Conditions, and Restrictions shall
provide that upon sufficient notice to the property
owner, 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 development and that this
provision may not be amended or terminated without the
consent of the utilities .
f . Guest parking areas must be identified by signs and the
C.C. & R. ' s shall prohibit the use of these areas by
residents .
g. The C.C. & R. ' s shall include the obligations of the
property owner 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
easements . They shall further be void of any mention
of future dedication of the access way to the City as a
public street.
18 . 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 .
19 . Heating of the pool shall be by a solar heating system, the
location and design of which will be reviewed as part of the
Site Development Review.
20 . The at-grade patios shall be fenced and landscaped for
privacy of the units .
TRAFFIC IMPROVEMENTS
21 . Obtain the right-of-way along Donlon Way, north of Dublin
Blvd. , and make an offer of dedication to the City of Dublin
such that the existing pavement will be widened to 36 feet,
curb to curb; plus, establish an additional 8-foot wide
right-of-way strip behind the curb for a possible sidewalk,
and landscaping, which are to be installed by the adjoining
property owner at such time that property develops .
Construct the street improvements to the width indicated
above, including curb, gutter, conform paving, and drainage
improvements . Street trees and lighting may also be
required. This condition subject to modification by the City
Engineer .
22 . Pay up to 100% of the cost of installing a four-way signal
and vehicle detection at Donlon Way and Dublin Blvd. as
required by the City Engineer. As other properties that
impact that intersection develop, they will be required to
pay their fair share of the signal installation costs . Said
monies may be reimbursed--up to 50o of the cost of said
improvements .
23 . Traffic improvements at Dublin Blvd. , and San Ramon Road:
Increase the capacity of the intersection by adding a second
left turn lane for northbound traffic on San Ramon Road.
This will include signal modification, revision to medians,
adjustment of through-lane markings, and possible minor
modification to the westbound on-ramp and off-ramp at the I-
580 interchange. ) As other projects contribute to
improvement of intersection, property owner will be
reimbursed a proportionate share, as determined by City
Engineer.
24 . Traffic Improvements at Amador Valley Blvd. and San Ramon
Rd. :
a. Contribute up to 30% of the cost of modifying the
signals at Amador Valley Blvd. and San Ramon Blvd. to
accommodate the extension of Amador Valley Blvd. to the
Dublin Green property.
b. Install a 26-foot wide extension of Amador Valley Blvd.
from San Ramon Rd. to a cul-de-sac ending at the Dublin
Green property. The design of the extension shall
comply with the requirements of the City Traffic
Engineering Consultants .
1) If the initial 26 feet of roadway is taken
primarily from the Nichandros property, it shall
include curb and gutter, street lights on the north
side, and provision for an additional 5 feet of
right-of-way, for future sidewalk and street trees,
shall be made.
2 ) If the 26 feet of roadway can be located with 1/2
on the Nichandros property, and 1/2 on the Jeha
property, then temporary asphalt curbing, on both
sides, and a 4-foot asphalt sidewalk on one side
will be required. The remainder of the
improvements will then be required when the
adjacent property develops .
3 ) Should the necessary 26 feet of right-of-way not be
obtained by the developer for the Amador Valley
Blvd. extension, a cash bond, equal in value to
150% of the value of the land under the roadway,
plus the cost of the 26 feet of road improvements ,
shall be desposited with the City. The cost to the
City of acquiring the right-of-way may be billed to
the developer . This condition subject to
modification by the City Engineer.
25 . There shall be compliance with DSRSD Fire Department
requirements, Flood Control District requirements, and
Public Works requirements . Written statements from each
agency approving the plans over which it has jurisdiction
shall be submitted to the Planning Department prior to
issuance of Building Permits or the installation of any
improvements related to this project .
26 . All utilities to and within the project shall be
undergrounded. Common water meters may be used, subject to
review by the City Staff and City Engineer.
27 . Other utilities 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.
28 . Secure DSRSD agreement to maintain the on-site sanitary
sewer collection system excluding individual laterals . The
system shall be designed as acceptable to DSRSD.
/1
29 . 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 .
30 . Fire hydrants shall be installed and operable, to the
satisfaction of the Dublin San Ramon Services District Fire
Department, prior to combustible construction.
31 . Prior to final inspection and occupancy of any units :
a. Storm drainage facilities shall have been installed as
approved by the City Engineer .
b . Fire protection devices shall have been installed, be
operable, and conform to the specifications of and
inspections by the Dublin San Ramon Services District
Fire Department .
c . 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 .
d. Cable TV hook-up shall be provided to each unit.
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 City .
f . Street name signs , bearing such names as are approved
by the Planning Director, shall have been installed.
32 . 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 equal to the cost plus 100 of the landscaping,
lighting, appurtenant structures , and 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.
33 . Private Vehicle Accessways :
a. Backfill of all utility trenches and pavement design in
private vehicle access way areas is to meet standards
for public streets .b . The developer is to covenant and
be responsible for the maintenance of all facilities in
the private vehicle access way which are not maintained
by a public utility agency.
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"
enclosures , and shall have sufficient power and spacing
to provide an average maintained foot candle level of
0 . 12 . Uniformity ration and increased lighting level
at entrance shall be provided to the satisfaction of
the City Engineer and Planning Director .
34 . Approval of this Planned Development is for two years as is
specified in Section 8-31 . 2 (b) of the Zoning Ordinance .
35 . As part of the submittal for a grading plan, the developer ' s
engineer shall field survey Martin Canyon Creek and perform
hydrologic calculations indicating the capacity of the Creek .
Should the Creek not handle the -100-year storm flow,
improvements shall be designed so that this capacity is met,
with an effort to maintain the natural appearance of the
Creek . In addition, finished floor elevations of the units
along the Creek shall be set so that if the Creek becomes
blocked, the storm waters will flow onto San Ramon Road
before water would enter the residential units .
36 . The following Creek setbacks shall be adhered to:
a. For existing banks of 2 : 1 slope (horizontal over
vertical ) or steeper, the setback is established by
drawing a line at 2 : 1 slope from the toe of the existing
bank to a point where it intercepts the ground surface
and then adding 20 feet .
b. Where the existing bank is 2 : 1 or flatter, the setback
shall be 20 feet from the top of the bank.
The following information shall be provided to determine an
adequate setback from the creek and for the required hydrologic
calculations :
a . The precise location, both horizontal and vertical ,
of the Creek centerline and toes and tops of both sides
of the creek.
b . Cross sections of the Creek at intervals acceptable
to the City. Sections at 100 ' intervals are typical ;
more frequent sections may be required.
37 . The developer ' s engineer shall develop the expected truck
length and turning radius criteria to use the private streets
(delivery, garbage moving trucks , etc . ) and design the curb
radii accordingly and submit this data and design criteria
with the improvement plans .
38 . Wheel stops within the project shall be the curb at the end
of the parking stalls wherever possible . Where freestanding
wheel stops are necessary, concrete stops shall be used.
39 . On-site circulation shall be constructed to private vehicle
accessway standards as acceptable to the City Engineer .
40 . Prior to final preparation of the subgrade and placement of
base materials, all underground utility mains shall be
installed and service connections stubbed out beyond curb
lines . Public utilities and sanitary sewers shall be
installed in a manner which will not disturb the street
pavement, curb, and gutter when future service connections or
extensions are made .
41 . Prior to filing for building permits , precise plans and
specifications for street improvements, grading, drainage
( including size, type and location of drainage facilities
both on- and off-site ) and erosion and sedimentation control
shall be submitted and subject to the approval of the City
Engineer .
42 . Where soil or geologic conditions encountered in grading
operations are different from that anticipated in the soil
and geologic investigation report, or where such conditions
warrant changes to the recommendations contained in the
original soil investigation, a revised soil or geologic
report shall be submitted for approval 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 .
43 . Roof drains shall empty onto paved areas , concrete swales,
other approved dissipating devices , or tied into the storm
drain system.
44 . Dust control measures , as approved by the City Engineer,
shall be followed at all times during grading and
construction operations .
45 . Construction and grading operations shall be limited to
weekdays (Monday through Friday) and the hours from 7 : 00 a.m.
to 6 : 00 p.m. , except as approved in writing by the City
Engineer .
46 . Developer shall keep adjoining public streets and driveways =_
free and clean of project dirt, mud, materials and debris and
clean up shall be made during the construction period, as
determined by the City Engineer .
47 . a. Prior to commencement of any structures : 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 . Prior to final inspection of buildings : 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 .
48 . Prior to any grading of the site, a detailed construction
grading plan ( including phasing) , drainage, water quality,
erosion and sedimentation control plans for construction and
the post-construction period shall be prepared by the
Project Civil Engineer and/or Engineering Geologist, and
shall be approved by the City Engineer. Said plans shall
include detailed design, location, and maintenance criteria
of all erosion and sediment control measures . The plans
shall attempt to insure 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
49 . Prior to final inspection of buildings , the developer shall
grade the site, install landscaping, soil erosion,
sedimentation and drainage control measures, and improve all
streets and easements , as shown or indicated on Exhibit "A" ,
and these conditions .
50 . 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 .
51 . Install fire hydrants at the locations approved by the
Dublin San Ramon Services District in accordance with
present standards . Provide a raised blue reflectorized
pavement marker in private vehicle accessways at each fire
hydrant .
52. 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.
53. Sidewalks shall be installed to assure that pedestrians can
walk within the project without having to walk down the
private vehicle accessways, as acceptable to the City
Engineer.
PASSED, APPROVED AND ADOPTED THIS 6th day of September,
1983.
AYES: 3 (Cms. Vonheeder, Mack, Tenery)
NOES: 1 (Cm. Alexander)
ABSTAIN: 1 (Cm. Petty)
ABSENT: 0
I1 �1���� -IT- Planning Commission Chairman
ATTEST: lanni[ng Director
Planning Director