HomeMy WebLinkAboutPC Reso06-06 04-006 Starward Row Residential Project
RESOLUTION NO. 06-06
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
AMENDING VESTING TENTATIVE TRACT MAP NO. 7597 AND AMENDING RELEVANT
CONDITIONS OF APPROVAL OF PLANNING COMMISSION RESOLUTION 05-10
BRADDOCK AND LOGAN STARW ARD ROW RESIDENTIAL PROJECT
(P A 04-006)
WHEREAS, Enea Properties Company LLC, requested approval of V esting Tentative
Tract Map 7597 to subdivide a .77- acre parcel (APN 941-0173-002-02) for ten (10) single-
family dwellings and related improvements on land generally located north and east ofStarward
Drive; and
WHEREAS, the Dublin Planning Commission approved Vesting Tentative Tract Map
7597 on January 25, 2005 via Resolution 05-10; and
WHEREAS, subsequent to the project receiving approval from the City of Dublin, Enea
Properties Company LLC sold the property and entitlements to Braddock and Logan Group Ill,
LP for purposes of constructing the residential units and related improvements; and
WHEREAS, Braddock and Logan has requested to amend Vesting Tentative Tract Map
7597 to remove the common driveway parcel which serves the ten individual lots (Parcel A) and
instead have the driveway be a part of each of the lots with an easement for the benefit of all lots;
and
WHEREAS, Braddock and Logan has also requested to amend certain relevant
Conditions of Approval of Planning Commission Resolution 05-10 to remove the requirement
for a Homeowners Association for the ten lot subdivision and instead ensure common area
maintenance through the Covenants, Conditions, and Restrictions (CC&Rs) and accompanying
Maintenance Agreement to which all homeowners are required to be a party; and
WHEREAS, a completed application for the requested action is available and on file in the
Dublin Community Development Department; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the City
prepared an initial study consistent with CEQA Guidelines Section 15162 for the Project,
including the original Vesting Tentative Tract Map approval request, to assess any potential
significant environmental impacts that may result from the project. A Mitigated Negative
Declaration and Mitigation Monitoring Program for the project were approved by the Dublin City
Council on February 15, 2005 via Resolution 22-05 and the minor amendments requested for
Vesting Tentative Tract Map 7597 and the relevant Conditions of Approval are in conformance
with the original project approval for the purposes of environmental review and no additional
review is necessary; and
WHEREAS, the Planning Commission is the approving authority for all tentative tract
maps and did hold a public hearing on the requested amendments on March 14,2006; and
WHEREAS, proper notice of said hearing was given in all respects as required by law; and
WHEREAS, a Staff Report was submitted to the Planning Commission recommending
approval of Amended Vesting Tentative Tract Map 7595 and amended Conditions of Approval
No.s 26, 42, 46, 47, and 82; and
WHEREAS, the Planning Commission did hear and consider all said reports,
recommendations and testimony hereinabove set forth on March 14, 2006 and used its
independent judgment;
NOW, THEREFORE, BE IT RESOLVED THAT the Dublin Planning Commission
does hereby make the following findings and determinations regarding said proposed Amended
Vesting Tentative Tract Map 7597 prepared by Braddock and Logan Services, dated received
February 28,2006, on file in the City of Dublin Community Development Department:
1. The Amended Vesting Tentative Tract Map 7597 is consistent with the intent of
applicable subdivision regulations and related ordinances as it provides for the orderly
development ofland to coordinate lot design, street patterns, rights-of-way, utilities and
public facilities with community plans and standards and as it provides for assurances
that the development will not become a future burden to the community by the execution
of Covenants, Conditions, and Restrictions (CC&Rs) and accompanying Maintenance
Agreement between all property owners with responsibility for maintenance of common
areas, as conditioned herein.
2. The design and improvements associated with Amended Vesting Tentative Tract Map
7597 are consistent with and conform to the City's General Plan policies as they apply to
the subject property as it is a subdivision for development of a residential project on a site
with a land use designation for Medium Density Residential development, as amended.
3. The Amended Vesting Tentative Tract Map 7597 is consistent with the regulations and
provisions of the Planned Development District Rezoning proposed for this project, and
is, therefore, consistent with the City of Dublin Zoning Ordinance.
4. The project site is located on a residential collector street, Starward Drive, near a major
road, Amador Valley Boulevard, on.77 acres of relatively flat topography and is,
therefore, physically suitable for the type and density of the proposed development often
(10) Medium Density Residential units to be developed at 14 dwelling units per acre.
5. With the incorporation of mitigation measures established in the Mitigated Negative
Declaration prepared for the project and subject to Conditions of Approval, the design of
the subdivision will not cause environmental damage or substantial injury to fish or
wildlife or their habitat or cause public health concerns.
6. The design ofthe subdivision will not conflict with easements acquired by the public at-
large or access through or use of property within the proposed subdivision. The Director
of Public Works has reviewed the map and title report and has not found any conflicting
easements ofthis nature.
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7. Required fire and water service will be provided to the subdivision pursuant to the
requirements of water and sewer providers, as utility standards and conditions are
incorporated into the project and service fees will be paid.
BE IT FURTHER RESOLVED THAT the Dublin Planning Commission does hereby
approve Amended Vesting Tentative Tract Map 7597 for the Braddock and Logan Starward Row
Residential Project, P A 04-006, prepared by Braddock and Logan Services, dated received
February 28,2006, on file in the City of Dublin Community Development Department. With the
exception of Conditions of Approval No. 26, 42, 46, and 47 as amended below, and the
addition of Condition of Approval No. 82, all of the original Conditions of Approval of
Planning Commission Resolution No. 05-10 remain in effect.
CONDITIONS OF APPROVAL:
Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance
of building permits or establishment of use, and shall be subject to Department of Community
Development review and approval. The following codes represent those departments/agencies
responsible for monitoring compliance of the conditions of approval. [PL] Planning, [B]
Building, [PO] Police, [PW] Public Works [ADM] Administration/City Attorney, [FIN] Finance,
[F] Dublin Fire Department, [DSR] Dublin San Ramon Services District, [CO] Alameda County
Department of Environmental Health, [IT] Information Technology.
.'. CONDJ11'l()~l'ltX'l' ......... ... WilEN.. '. . I'" ......
'T ....
'. J{ESI'()N. REQUIRED
. .... AGENCY Pdorto: ....... .
26 Maintenance Access Easement Zone 7 FinalofYesting Standard
ApplicantJDeveloper shall grant Zone 7 a Tentative Map
maintenance access easement from Starward Drive
over the private street and Lot 1 Residence for
maintenance of the Drainage Channel. Forty-eight
hour notice shall be given to the owners of Lots I.
2. 3.4. and 5 Heme Qwnem Asseeiatien to ensure
two narkinl! stalls are unobstructed.
42 Sidewalk Landscape Strip. ApplicantJDeveloper PW Occupancy of PW
shall design and professionally landscape an Adjacent
irrigated 4 1/2 foot landscape strip between the Building
sidewalk and the back of curb in accordance with
the Landscape Plan unless otherwise approved by
the Director of Public Works. Root barriers shall be
installed surrounding each street tree or along the
sidewalk and back of curb on each side of the street.
This landscape strip shall be adequately maintained
by the individual homeowners as noted in the
CC&Rs and accomnanving Maintenance Agreement
under the direction and oversight of the 51.aEliyisien
Heme O....'Rers f.oseeiatien and the City of Dublin
Public Works Department. These landscaped areas
shall be fully irrigated and subject to the City's
Water Efficient Landscane Regulations.
46 Home OWRers ,'\ssoeiatioR Common Area PW,PL Approval of PW,PL
Maintenance Rnles and Reunlations. Final Map
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CONDITION TEXT
ApplicantJDeveloper shall establish. a sliBei',qsisR
Heme Owners f,sseeiatien BY reee.elltieR ef record
a declaration of Covenants, Conditions, and
Restrictions with a Maintenance Agreement to
govern use and maintenance of City street
landscape areas and common areas and facilities.
Said declaration shall set forth tlie Rame ef th.e
asseeiatisR, e...mershill the standards of and manner
of maintenance of the private access roads and the
restrictions on the use or enjoyment of any portion
of the access roads for maintenance andlor access.
ane tlie 8)'la.ws, mles ane .egHll1tiens ef tlle
asseeiatieR. Prior to recordation, said CC&R
document shall be reviewed by the City
Engineer/Director of Public Works and the Director
of Community Development for compliance with
this condition and the Maintenance Agreement to
which all future property owners shall be a party
shall be reviewed and approved bv the City
Attornev.
The CC&Rs shall address the following:
a. Maintenance of the private access roads,
any common utilities, and any common
areas. The CC&Rs shall ensure that there is
adequate provision for the maintenance, in
good repair, and on a regular basis, of all
commonly ewnee utilized facilities and
areas. In the event that any such area or
facility falls into a state of disrepair or fails
to meet performance standards established
by the CC&Rs andlor the Maintenance
Agreement, the City will have the right, but
not the obligation, to take corrective
measures and bill the association for the
cost of such repair and corrective
maintenance work plus City overhead. The
declaration shall specify that, as it pertains
to the maintenance of the above-listed
items, it cannot be amended without the
consent of the City.
b. The parking of recreational vehicles
between a building and a public street,
along a public street, and on the private
street shall be prohibited. Recreational
Vehicles are defined as a motorhome, travel
trailer, utility trailer, boat, boat on a trailer,
horse trailer, camper where the living area
overhangs the cab, camping trailer, or tent
trailer, with or without motive power.
c. No vehicle arkin will be allowed on both
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sides of the private streets. This parking
restriction shall be indicated with red-
painted curbs, and with R26F "No Stopping
- Fire Lane" signs installed on both sides at
a spacing not to exceed 200'. Parking shall
also be restricted along designated drive
aisles to assure unobstructed access through
the site.
d. Exclusive use, fencing, and maintenance of
reciprocal easements as shown on
development plan that allows the use of
side yard areas to access rear yards of
homes.
47 Landscaping. The Developer shall construct all PL, PW
landscaping within the site and along the project
frontage from the face-of-curb to the site right-of-
way to the design and specifications of the City of
Dublin, and to the satisfaction of the Director of
Public Works and Director of Community
Development and in conformance with the
Landscape Plan, Sheet L-l. Street tree varieties of a
minimum 24-inch box size shall be planted at a
minimum of 30 feet on center along all street
frontages, and shall be shown on the Final
Landscaping Plans. Exact tree locations and
varieties shall be reviewed and approved by the
Directors of Public Works and Community
Development. The proposed variety of trees to be
planted adjacent to sidewalks or curbs shall be
submitted for review to and approval by the
Director of Public Works. After acceptance these
trees and the associated irrigation system shall be
maintained by the HeBle OWfH:!fS Asseeiati8R
individual property owners in accordance with the
CC&Rs and accompanving Maintenance
A eement.
82 (NEW CONDITION) Private Drive Pavement PL
Specifications. The Applicant shall replace the
asphalt proposed for the private street with concrete
along the entire length of the drive to ensure a
longer life for the roadway and less maintenance
cost for the future homeowners. The concrete
specifications shall be 6" of Concrete on 6" of Class
2 Aggregate Base with #4 bars at 16" on center in a
grid pattern. The concrete shall be at least a
minimum of 3000 psi concrete strength and shall
have expansion joints at a maximum of 10' apart.
This should provide for a concrete roadway that
would last for 35 to 40 ears.
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SO~CE
Completion of
Improvements
Standard
Completion of
Improvements
Project Specific
PASSED, APPROVED and ADOPTED this 14th day of March 2006 by the following vote:
AYES: Chair Schaub, Commissioners Biddle and Fasulkey
NOES: None
ABSENT: Vice Chair Wehrenberg and Commissioner King
ABSTAIN: None
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G:IP A#\2004\04-006 Starward Enea ProjectlBraddock&LoganlPC Reso TMap amendment.DOC
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