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HomeMy WebLinkAbout6.3 Loukianoff Dev Review CITY CLERK File# I . AGENDA STATEMENT CITY COUNCIL MEETING DATE: April 5, 2005 SUBJECT: ATTACHMENTS: e RECOMMENDATION: 1. 2. ~3. 4. PROJECT DESCRIPTION: PUBLIC HEARING: P A 04-056, Amendment to the Loukianoff Site Development RevIew for a New Single-Family Custom Residence on an Existing Lot (Halim Residence) Report prepared by: Pierce Macdonald, Associate Plannerof/' 1. Resolution Approving an Amendment to a Site Development Review for a Single-Family Custom Residence on an Existing Lot, with Project Plans attached as Exhibit A Applicant's Written Statement Heritage Tree Protection Plan, prepared by HortScience, dated February 2001 Heritage Tree Ordinance City Council Resolution 127-04 Approving the LoukianoffHome on Lot I (P A 03-040), including Project Plans, dated July 6, 2004 City Council Agenda Statement and Minutes for July 6, 2004 City Council Agenda Statement and Minutes for June IS, 2004 Planning Commission Agenda Statement and Minutes for May II, 2004 City Council Resolution 82-85 for Hatfield Development, P A 85- 035.3, dated August 12, 1985 Color Elevations, Halim Residence 2. 3. 4. 5. 6. 7. 8. 9. 10. Open public hearing; Receive the Staff presentation and public testimony; Close the public hearing and deliberate; and Adopt the Resolution (Attachment 1) Approving an Amendment to the Site Development Review for a Single-Family Custom Residence on an Existing Lot, with Project Plans attached as Exhibit A. Backeround - Hatfield Development Approval: On August 12, 1985, the City Council approved Resolution 82-85 for the Site Development Review application for a 1 75-home, single-family-density residential neighborhood on 88.6 acres ofland in the western part of Dublin submitted by the Hatfield Development Corporation, Inc., PA 85-035.3 (included as Attachment 9). The application consisted of Tract Maps 5072, 5073 and 5074. The SDR approval e -------------------------------~~-----------------------------¡;~PI;;~ T~~-----;:~plic~:-------··~---·--- Project Planner File f,IBlack Mountain\fina' co Sit SDIt 4-5-0S.doc I~(P 6., ITEM NO. estàblished Conditions of Approval and established development regulations for the subject lot at 11299 Rolling Hills Drive. Lots 1 and 6 to 12, of Block 1 of Tract Màp 5073, identified as "custom lots" in the Resolution, were not developed when the subdivision tract homes were built in 1985. The subject property, Lot 1, is one of the . àpproVed custom lots that were to be developed when individual design plans were submitted and approved. Conditions 4 and 12 of that resolution require that Site Development Review applications be approved for the development of the custom lots, as well as various other requirements that are further discussed in the section of this report, entitled Conformance of Project with Hatfield SDR (Council Resolution 82-85). -Black Mountain Development rP,4 00-009): On December 12,2000, the Planning Commission approved the Black MountàÎD Development (P A 00- 009) Site Development Review, which approved the design and location of seven single-family homes on seven lot~ (Lots I and 7 to 12) and approved the Heritage Tree Protection Plan prepared by Nelda Matheny ofHortscience (later updated for City Council in February of 200'1 and included with this report as Attachment 4). The Black Mountain project was appealed to the City Council on December 21,2000. The appeal cited alleged conflicts of the approved plans with the Heritage Tree Ordinance, the Wildfire Management Plan, the Zoning Ordinance, and the Hatfield Development approval. On January 16, 2001, the City Council heard the appeal of the SDR and directed the applicant, Black Mountain, to redesign the project to minimize adverse impacts to the Heritage Oak Trees. Black MountàÎD revised the site plan to reflect the Heritage Oak Trees and, on February 20, 2001, the City Council approved the redesigned Black Mountain project, upheld the decision of the Planning Commission, and required additional Conditions of Approval. e In April 2002, during the review of the grading plan for the seven Black MountàÎD lots, Staff determined that the approved location of the residence on Lot 1 conflicted with the drip line of Tree No. 353. The actual location of the tree's drip line was between 12 and 20 feet beyond the location shown on the site plan approved by City Council as part of the Black Mountain Site Development Review permit, P A 00- 009. In March of2003, the Developer of the Black Mountain project transferreclinterest of Lot I to Alexander Loukianoff. During this time, Black Mountain also transferred interest of Lots 7, 8, 10 and 12, originally part of the Black MountàÎD SDR, P A 00-009, to other property owners. Loukianoff Develovment rPA 03-0401: After purchasing the lot from the Developer of the Black Mountain project, the new owner of Lot 1, Mr. Loukianoff, submitted a new Site Development Review application for the property, which was heard by the Planning Commission on May 11, 2004. The proposed home was 2,954-square-feet with a 587· square-foot garage, and a roof ridge height of approximately 569 feet above sea level. The proposed home would have required extensive trimming ofthe Heritage Oak Tree No. 353 due to the Common Area Stonn Drain Easement on Lot. 1, owned by the community's Home Owners Association, which limited development of the site. The previous Loukianoff SDRplans are included with this Staff report as Attachment 5. The project was approved by the Planning Commission, and subsequently appealed to the City Council by Council Member McCormick. The City Council heard the appeal June 15, 2004 (see Agenda Statement . 2 f5bk> and Meeting Minutes in Attachment 7). The City Council continued the item to the July 6, 2004 meeting and decided by a straw vote to direct the Applicant to worl.< ~tb.the Home Owners Association to relocate the Common Area Stonn Drain Easement and move the proposed home away ftom Heritage Oak Tree No; 353 on Lot 1 (see Agenda Statement and Meeting Minutes in Attachment 6). e On July 6,2004, the City Council adopted Resolution 127-04 granting the appeal in part and affirming the Planning Commission approval in part by adding a new Condition of Approval, which required that the existing Common Area Stonn Drain Easement on Lot 1 be relocated or eliminated to remove any conflicts with the revised location of the residence. The Applicant was to provide evidence that the Easement had been relocated. If the Applicant was unable to obtain the relocation of the Easement, the condition requiring a bond to guarantee the health of the Heritage Oak Trees was written to include a clause that would increase the duration of the cash bond from one year to three years. Subsequent to the City Council's decision, Mr. Loukianofftransferred interest in Lot I to Mr. Mohanuned Halim in the fall of 2004. Current Proposal- Amendment to Loukianoff Proiect (Haltm PA 04-056): Mr. Mohàillmed Halim requests City Council approval of an Amendment to the àpproved Loukianoff Site Development Review (SDR) at this time for a new single-family home at 11299 Rolling Hills Drive (Lot 1), created by Tract Map 5073 in conjunction with Planned Development PA 85-035 (Hatfield Development Corporation, Inc.). Lot 1 is a flag lot and 21,943 square feet in size (see Project Plans, Exhibit A of Attachment 1). The eastern one-fourth portion of the lot is relatively flat, while the remaining three-fourths ofthe lot drop off steeply with a 30% to 50% slope. The site includes two moderate-sized oak trees designated Heritage Trees pursuant to the Heritage Tree Ordinance (Attachment _ 5). Surrounding properties on the north, east, and south sides are designated sin. gle·family residential land .. use as part of the Hatfield PD District. The property to the west has an agricultural land use designation and is outside of the City limits within Alameda County. The proposed Site Development Review Amendment requested by the Applicant would amend the architectural colors and materials of the home, the design of the roof, and add 606 square feet of additional habitable floor area as a basement. Pursuant to the Loukianoff SDR approval (City Council Resolution 127-04), the location of the home has been relocated away from the Heritage Trees on the site by moving the location of the home to the south. The new location provides a minimum distance of 5 feet ftom the dripline of any Heritage Oak Tree on the site. The new location is sited over the previous location of the Common Area Stonn Drain Easement on Lot I, which was moved by the Home Owners Association as a result of the Loukianoff SDR approval. Changes to setbacks and building height measurements as a result of the conditions attached to the Loukianoff SDR are not considered part of the current Amendment project because they are considered part of the approved SDR. Under the proposed Amendment, no Heritage Tree on the site will be pruned to increase the buildable area of Lot I. In compliance with the Heritage Tree Ordinance (Attachment 4), the Applicant has agreed to follow the conclusions and recommendations of the Heritage Tree Protection Plan prepared by Hortscience (Attachment 3), as adopted by City Council for the Black Mountain project. Conditions of Approval have been added to the Amendment project to survey and verifY the location of the tree dripline of the Heritage Oak Tree in the field (see the section of the Staff report, entitled "Conditions of Approval''). e 3õbiR ANALYSIS: An outline of the development characteristics of the Amendment proposal is provided in Table 1 below, Comparison ofLoukianoffProject to Amendment Proposal. This table summarizes the characteristics of the proposed SDR Amendment, as well as provides a comparison to the approved project at the site (the _ Loukianoffproject) and the Planned Development (PD) Zoning District regulations (Hatfield). The - project characteristics, comparisons to previous project, and conformance with the Hatfield PD are further described in detail in the paragraphs following the table. TA.BLE 1 COl1'lfJarison of LoukianoIf Profeot to Al1U!ndment p'roposal CbamÐterl$tic Loúki<lnQff* A1IÌtJ¡!lmlmt j)i:fte¡:eÎlce Cf,IJIfl'ir;ß¡Q.!I(Je with Z004 2005 :wö4 V$. 2(105 ØIi'tfMìlil:PD (J;!J8~ Floor Area 3,541 square feet 4,154 square feet + 613 square feet N/A (2,954 square feet of (3,560 square feet (+ 606 square feet of living area and 587- living area and 594- living area and +7 square-foot garage) square-foot garage) square feet of garalle) Setbacks . Front Yard 20 feet 20 feet same Conforming (20 feet) . Rear Yard 55 feet 59.5 feet + 4.5 feet rear yard Conforming (20 feet) setback . - Side Yard (S) 10 feet, 10 feet, same Confonning 65.8 feet aggregate 65.8 feet aggregate (5 feet minimum, 15 feet aggregate) - Side Yard (N) 55.8 feet, 55.8 feet, same, Conforming 65.8 feet aggregate 65.8 feet aggregate (5 feet minimum, 15 feet . al!llre¡¡ate) - Heritage Tree Modification to 5-foot setback from + 5 feet setback Confonning Dripline with Tree drip line ftom Heritage Tree (per Hortscience Pruninll Dripline Horticultural Report) Lot Coverage! 10.7% 10.4% - .3% Conforming Buildirzg (35% maximum) Foowrirzt 21 943 lot area 21 943 lot area Fourzdatlon Partial pier and Partiai pier and same N/A Desi/(n Ilrade beam desi;rn grade beam desi;rn Max. Height 28.5 feet measured 29.06 feet measured + 6.72 inches Conforming Measured fì:om approved 1985 fì:om approved 1985 (25 feet maximum, Perperzdicular grade grade increase subject to Site to Grade DeveloDment Review) Elevatlorz above +/- 569 feet +/- 567.25 feet - 1.75 feet N/A Sea Level elevation above elevation above sea level sea level · As approved with Conditions of Approval on July 6, 2005. . As shown in Table 1 above, the Amendment Proposal is consistent with the approved Loukianoff SDR's setbacks, lot coverage and building footprint, and foundation design, as well as consistent with the regulations of the Pla.rmed Development Zoning District (Hatfield). The Amendment would reduce the e ridge height of the home by 1.75 feet. Landscaping plans included in Exhibit A to Attachment 1 illustrate a. proposed landscape design that is consistent in size and quality ofplantings with the previously 4r5fJ(P approved Loukianoff SDR. Proposed amendments to the appr()ved Loukianoff SDR are discussed in the " ",,'," \,".' following sections of this Staff report. Architectural Desil!n and Finishes: tit The main floor plan and footprint (exterior dimensions of the home) are substantially the same between the approved SDR project and the proposed Amendment. The Applicant requests City Council approval of a change to architectural finishes and the addition of 606 square feet of floor area in a basement level. The previously approved Loukianoff proj ect, P A 03·040, was finished in a Southwestern Ranch style. Under the proposed Amendment, the residence would be finished in an American Farmhouse style with clapboard siding and brick accents. The colors and materials of the proposed home and the existing homes in the neighborhood have a neutral, earth tones palette. A color elevation of the proposed project is included as Attachment 10. A colors and materials exhibit, illustrating the proposed color palette of gray and white with brick accents, is available at the Community Development Department and will be made àvailable at the City Council meeting. The proposed Amendment is larger than the original Loukianoff SDR approval by 606 square feet of floor area because the Applicant has proposed a 690-square-foot basement area below the first floor, as created by the sloping lot, and decreased the floor area on the first floor to construct a balcony. The proposed Amendment does not change the footprint of the building on the site. The basement area would be semi- subterranean with two exterior windows and an exterior door leading onto a padded yard area. Two bedrooms would be constructed within this semi-subterranean area. The size of the proposed home is compatible with the surrounding development as the immediate neighborhood provides a range of building sizes from approximately 2,000 square feet to 3,300 square feet. e The 3,560-square-foot horne and 594-square-foot garage would complement the architecture and building sizes of the surrounding neighborhood as many of the surrounding homes are in traditional residential styles with similar colors, materials and floor area. Roof Desifln and Heieht: In addition, the Applicant requests an Amendment to the approved design of the roof ofthe Loukianoff SDR. The roof ridge of the Amendment proposal is longer, extending almost the width of the home, approximately 44 feet, where the roof ridge of the LoukiàDoffSDR extended over the garage portion of the home, approximately 28 feet in length. A second gable is proposed over the garage portion of the home. As a result of the City Council direction to shift the house away from the Heritàge Tree and into the fonner drainage easement, and as a result of the redesign of the roof, the height of the amended roof at the rear of the house measured from grade is approximately 7 inches more than the Loukianoff SDR. However, the impact of the height of the house has been reduced under the proposed Amendment because the peak of the roof is 1.75 feet less than the Loukianoff SDR approval. Conditions of Approval: The Amended project plans were distributed to all City departments and agencies. The approved . Conditions of Approval of the Loukianoff SDR were updated for the changes to the roof design, site location and required grading, and architectural finishes and to include additional conditions to assist Staff in monitoring the Heritage Trees on-site during field inspections (Condition 101). . Condition 101 is 5 rsc/..¡ recommended to allow Staff to field check the survey, prepared by a licensed surveyor, provided in the project plans, for verification purposes. This condition would require that the Applicant stake all of the comers and dimensions of the building and foundation, including all projections such as the deck prior to installing the foundation. These stakes would remain until the foundation had been inspected by the Building and Planning divisions. This condition will assist Staff in verifYing the consistency between the A. survey and the physical building location and current site conditions. ., Conformance with Dublin General Plan: The General Plan land use designation for the project site is Single Family Residential at a density of 0:9 to 6 units per acre. The proposed project conforms to density and intensity of use envisioned in the General Plan as the project would be built at a density of 2 units per acre, which is within the General Plan density range for the site. There are no Specific Plans. for this area. Noticinl!: In accordance with State law, a public notice was mailed to all property owners and occupants within 300 feet of the proposed project to advertise the project and the upcoming public hearing. A public notice was also published in the Valley Times newspaper and posted at several locations throughout the City. To date, the City has received no comments or objections ftomsurrounding property owners or tenants regarding the current proposal. ENVIRONMENTAL REVIEW: The environmental impacts of this project were addressed in the Negative Declaration prepared for PA 85- 035 Hatfield Development Corporation Planned Development Rezoning, Annexation and Site e Development Review of which the subject lot was a part. The Negative Declaration for the project was prepared and adopted by City Council in accordance with the California Environmental Quality Act (CEQA), State CEQA Guidelines and the City of Dublin Environmental Guidelines. CONCLUSION: The Loukianoff SDR Amendment project is in conformance with the Dublin General Plan, City Council Resolution 82-85, the Zoning Ordinance, and the Heritage Tree Ordinance. The home is well-sited and well-designed for the lot and compatible with other neighboririg residences in the subdivision. hnpacts to views will be minimized by the low gable roofline and design of the residence. No modification to the location of the drip lines of the Heritage Oak Trees on-site or off-site, are included in the Applicant's proposal. Conclusions and recommendations of the Heritage Tree Protection Plan prepared by Hortscience have been incorporated into the draft Conditions of Approval in Attachment 1. As conditioned, the project Findings included in the attached Resolution (Attachment I) can be made. RECOMMENDATION: Staff recommends that the City Council: I) open the public hearing; 2) receive the Staff presentation and public testimony; 3) close the public hearing and deliberate; and adopt the Resolution (Attachment 1) . approving an Amendment to a Site Development Review for a Single-Family Custom Residence on an Existing Lot, with Project Plans attached as Exhibit A. 6iF-f::,(¡¡ \ rttJ I 0'-\ RESOLUTION NO. 05 - e A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN *********************************** PA 04-056, APPROVING AN AMENDMENT TO A SITE DEVELOPMENT REVIEW (LOUKlANOFF, PA 03-040) FOR A SINGLE·FAMILY RESIDENCE ON AN EXISTING LOT (LOT 1) AT 11299 ROLLING HILLS DRIVE WHEREAS, on May 11, 2004, the Planning Commission did hold a public hearing on an application for Site Development Review (P A 03-040), submitted by Mr. Alexander Loukianoff, for a 2,954-square-foot home and 587-square-foot garage on an existing lot at 11299 Rolling Hills Drive (APN 941-2775-030) and did approve the application on a 2-1-2 vote with two Plarming Commission members absent; and WHEREAS, the Planning Commission's decision was appealed to the City Council by Council Member McCormick on May 21, 2004; WHEREAS, the City Council considered the Appeal at a public hearing on June 15,2004, and voted to continue the item to the July 6, 2004 meeting, deciding by a straw vote to direct the Applicant to work with the Home Owners Association to relocate the Common Area Storm Drain Easement and move the proposed home away from Heritage Oak Tree No. 353 on Lot I; and e WHEREAS, on July 6,2004, the City Council adopted Resolution 127-04 granting the AppcaJ in part and affirming the Planning Commission approval in part by adding a new Condition of Approval which required that the existing Common Area Storm DraÌ ) Easement on Lot 1 be relocated or elimi )ated to facilitate moving the home, and by adding a )ew clause to the condition requiring a bond to guarantee the health of the Heritage Oak Trees to increase the duration of the cash bond from one year to three years ifthe Applicant was unable to obtain the relocation of the Easement, and WHEREAS, Mr. Mohammed Halim has reqllested approval of an Amendment to the Loukianoff Site Development Review approved by means of City Council Resolution 127-04 for PA 03-040 to change the building size, architectural colors and materials, and roof design for a 3,560-square-foot homc and 594-square·foot garage at 11299 Rolling Hills Drive (APN 941-2775-030); and WHEREAS, pursuant to Zoning Ordinance Section 8.1 04.090, the process for amending a Site Development Revicw shall be the same as the process for approving a Site Development Review except that the decision-maker for such Site Development Review shall be the same decision-maker that ultimately approved the Site Development Review including approval on appeal; and, WHEREAS, a completed application for an Amendment to a Site Development Review IS available and on file in the Dublin Planning Department; and WHEREAS, the environmental impacts of this project were addressed under the Negative .... Declaration prepared fo.r the PA 85-035 Hatfield Development Corporation Plarmed Development _ Rezone, Annexation and Site Development Review of which the subject lots were a part. The Negative 4- ç;-'D~ ¿. ,3- ATTACHMENT 1- ;;;2 iff Ie '"\ '.::) Declaration was prepared in accordance with the California Environmental Quality Act (CEQA), State CEQA Guidelines and the City of Dublin Environmental Guidelines. WHEREAS, a Staff report was submitted to the City Council recommending approval of the Amendment to the Site Development Review subject to conditions; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the City Council did hear and consider all said reports, recommendations and testimony hereinabove set forth, and used their independent judgment. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby make the foIlowing findings and determinations regarding said proposed Amendment to a Site Development Review: A. Approval of the Loukianoff Site Development Review Amendment (Halim P A 04-056) is consistent with the purposes and intent of Chapter 8.104 of the Zoning Ordinance because an analysis ofthe project has been completed and presented in the Staff report prepared for the project that demonstrates that it will promote an orderly, attractive and harmonious sitc and structurál development, compatible with individual site environmental constraints and compatible with surrounding properties and neighborhoods; resolve major projeét-related issues including, but not limited to, building location, and architectural and landscape design; ensure compliance with development regulations; and promote genera! welfare. B. The design and improvements of the Loukianoff Site Development Review Amendment are consistent with the Dublin General Plan policies as they relate to the subject property in that it is a single-family residential development consistent with the Single-Family Residential (0.9-6.0 du/ac) Designation of the Dublin General Plan. The design and improvements of the Loukianoff Site Development Review Amendment are consistcnt with the regulations of Planned Development Zoning District (PA 85-035.3) and the Dublin ZOUÎng Ordinance as an analysis of the project has been completed and presented in the Staff report prepared for the project which demonstrates the project's compliance with height, setbacks, FAR, parking, landscaping and other regulations. C. The approval of the Loukianoff Site Development Review Amendment will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and general welfare because all applicable Building Code and emergency services regulations will be met. D. The Loukianoff Site Development Review Amendment has been designed to provide a desirable environment for the development as the site layout, foundation, roof, and color and materials have been designed to minimize impacts to Heritage Oak Trees, to minimize impacts to existing slopes, and to minimize impacts to surrounding properties. E. Impacts to views have been addressed by sensitive design and siting of the proposed single-family residence and by decreasing the height of the. approved roof ridge by approximately 1.75 feet. F. Impacts to slopes and topographic features have been addressed because the home will be placed on a fTaD1ework of deep-seated piers and grade beams to minimize grading impacts. 2 e tit e .-....... .. ..--. . 3'OB~' '--\ Functional padded exterior living areas are proposed in the rear yard, and 011 raised deck areas. Therefore the site is physically suitable for the type and intensity of a single-family e residential unit. G. Architectural considerations, including the character, scale and quality of the design, the architectural relationship with the site and, building materials and colors, screening of exterior appurtenances, exterior lighting and similar elements have been incorporated into the project and as conditions of approval in order to insure compatibility of this project with the existing character of surrounding development because the colors, materials, and size of the home are consistent with the surrounding neighborhood. H. Landscape considerations, ineluding the locations, type, size, color, texture and coverage of plant materials, provisions and similar elements have been considered to insure visual relief and an attractive environment for the public because the landscape plan incorporates adequate quantities and qualities of trees, shrubs, and ground-cover, and incorporatcs drought -resistant plantings. 1. As conditioned, the Loukianoff Site Development Review Amendment is consistent with the Heritage Tree Ordinance and City Council Resolution 82-85, as the Heritage Tree Protection Plan requirements prepared by Hortscience, dated February 2001, have been incorporated into the proj ect and as conditions of approval. NOW, THEREFORE BE IT FURTHER RESOLVED THAT THE City of Dublin City Council hereby conditionally approves the Site Development Review Amendment Application for P A 04-056 to e construct a single family residence on Lot I of Block I Tract 5073 and further identified as Assessors Parcel Number 9412775-030, and as generally depicted by materials labeled Exhibit A, stamped "approved" and on file in the City of Dublin Planning Department. This approval shall conform to the project plans submitted by Mark Molinar dated March 9, 2005, on file in the Department of Conununity Development, unless modified by the Conditions of Approval contained below. This approval supercedes and replaces the approval granted under City Council Resolution 127-04. CONDITIONS OF APPROVAL Unless otherwise stated. all Conditions of Approval shall be complied with prior to final occupancv of the dwelling unit and sha]] be subiect to Planning Department review and· aporoval. The following codes reotesetJt those departments/agencies responsible for monitoring compliance with the Conditions of Aonroval: rPLl Planning. rEI Building. rpOl Police. rpWI Public Works, rADMI AdministrationlCitv Attornev. rFINI Finance. rpCSI Parks and Communitv Services, rFI Alameda Countv Fire Dent., rDSRI Dllblin San Ramon Services District, rCOl Alameda Countv Flood Control and water Conservation District Zone 7. NO. CONDITION TEXT RESPON. WHEN SOURCE AGENCY! REQUIRED DEPART. Prior to: GENERAL CONDITIONS e1. Term. Pursuant to Section 8.96.020(D) (as amended) of the PL On-going Zoning Zoning Ordinance, construction shal1 commence within one Ordin- (J) year of Site Development Review approval, or the Site ance Development Review approval shall lapse and become nul1 and void. Commencement of construction means the actual 3 NO. 2. 3. 4. 5. 6. 7. 8. 9. CONDITION TEXT construction pursuant to the Site Development Review approval, or, demonstrating substantial progress toward commencing such construction. The original approving decision-maker may, upon the Applicant's written request for an extension of approval prior to expiration, and upon the detennination that any Conditions of Approval remain adequate to assure that applicable findings of approval will continue to be met, grant a time extension of approval for a period not to exceed 6 months. All time extension requests shall be noticed and a public hearing or public meeting shall be held as re uired b the articular Pennit. Fees. The Developer shall pay all applicable fees in effect at the time of building permit issuance including, but not limited to, Planning fees, Building fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees, Public Works Traffic Impact fees, Tri-Valley Transportation Development Fee, Alameda County Fire Services fees; Noise Mitigation fees; Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; and any other fees as determined b the Cit Revocation. The SDR will be revocable for cause in accordance with Section 8.96.020.1 of the Dublin Zoning Ordinance, Any violation of the terms or conditions of this a roval shall be sub' ect to citation. Required Permits. Applicant/Developer shall comply with the City of Dublin Zoning Ordinance and obtain all necessary pennits required by other agencies (Alameda County Flood Control District Zone 7, California Department of Fish and Game, Anny Corps of Engineers, Regional Water Quality Control Board, State Water Quality Control Board, Etc.) and shall submit copies of the permits to the D artment of Public Works. Building Codes and Ordinances. All project construction shall confonn to all building codes and ordinances in effect at the time of build in ennit. Compliance. Applicant/Developer shall compJy with the City of Dublin Zoning Ordinance, City Council Resolution 82-85, the Heritage Tree Protection Plan prepared by Hortscience, dated February 2001, and these Conditions of A roval. Solid Waste/Recycling. Applicant/Developer shall comply with the City's solid waste management and recycling re uirements. Water Quality/Best Management Practices. Pursuant to the Alameda Countywide National Pollution Discharges Elimination PernlÎt (NPDES) No. CAS0029831 with the California Regional Water Quality Control Board (RWQCB), the ApplicantiDeveloper shall design and operate the site in a manner consistent with the Start at the Source publication, and according to Best Management Practices to minimize stonn water ollution. Hold Harmless/Indemnification. ApplicanUDeveloper 4 RESPON. AGENCY¡ DEPART. Various PL Various B PL B PW,PL PW,PL L-kt/"-+ WHEN REQUIRED prior to: Various times, but no later than Issuance of Building Permits On-going V an,ous times, but no later than Issuance of BuiJding Permits Through Completion Issuance of Building Permits and On-going On-going Issuancc of Grading Pennit On-going Zoning Ordin- ance Zoning Ordin- ance Zonin Ordin- ance Zoning Ordin- ance L RWQCB NO. CONDITION TEXT ReSPON. AGSNCYI D'EPART. shall defend, indemnify, and hold harmless the City of Dublin and its agents, officers, and employees ITom any claim, action, or proceeding against the City of Dublin or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Director of Community Development, Planning Manager, or any other department, committee, or agency of the City the Site Development Review to the extent such actions are brought within the time period required by Goverunlent Code Section 66499.37 or other applicable law; provided, however, that the ApplicantlDevelopcr's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying the ApplicantlDeveloper of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. JO. Clarifications and Changes to the Conditions. In the PW event that there needs to be clarification to these Conditions of Approval, the Directors of Community Development and Public Works have the authority to clarify the intent ofthese Conditions of Approval to the ApplicantlDeveloper by a written document signed by the Directors of Community Development and Public Works and placed in the project file. The Directors also have the authority to make minor _ modifications to these conditions without going to a public _ hearing in order for the Developer to fulfill needed improvements or mitigations resulting from impacts of this Droi ect. PUBLIC WORKS 11. Standard Public Works Conditions of Approval. PW ApplicantlDeveloper shall comply with all applicable City of Dublin Public Works Standard Conditions of Approval. In the event of a conflict between the PubJic Works Standard Conditions of Approval and these Conditions, these Conditions shalJ prevail. 12. Title Report. A currept preliminary title report together PW with copies of all recorded easements and other encumbrances shall be submitted for reference during plan check and as deemed necessary bv the City Em!Îneer. 13. Relocation of Existing Improvements/Utilities. Any PW necessary relocation of existing improvements or utilities shall be accomnlished at no expense to the Citv. DRAINAGE/GRADING 14. Grading /Sitework Permit; The applicant shall submit a IPW Final Grading Plan to obtain a Grading! Sitework Pewit from the Public Works Department for site grading and improvements. All site improvement work and public right- of "way work must be performed per a Grading!Sitework Permit issued by the Public Works Department. Said permit _ will be based on the final set of improvement plans to be _ approved once all of the plan check comments have been resolved. Please refer to the handout titled Grading / Site Improvement Permit Application Instructions and attached 5 hl5b \ L\ '+ .' WHEN REC¡UIRED Prip:rto: SOURCE On-going Standard On-going Standard Issuance of Standard Building and Grading Permit On-going Standard Prior to Grading DW Permit NO. 15. 16. 17. 18. 19. 20. 21. CONDITION TEXT RESPON. AGENCY! DEPART. application (three 8-1/2" x II" pages) for more information. The ApplicantlDeveloper must fill in and return the applicant information contained on pages 2 and 3. The current cost of the permit is $10.00 and due at the time of permit issuance, although the Applicant/Developer will be responsible for any ado ted increases to the fee amount. Lot Dimensions. All property lines shall be dimensioned on PW the plans with both bearings and distances from the rccorded final map. Grading. Contour lines on the plans shall match the original W ground surface elevations from the Traçt 5073 grading plan. No graded slopes shall be steeper than 2: I. Cut and fill quantities shall be shown on the Grading Plan. Drainage. Concentrated storm flows from the proposed PVC W pipe that will drain the driveway and from rain water leaders that wilJ drain the roof and site improvements shall not discharge at or near the top-of-slope. Instead, concentrated flows shall be collected in a pipe network that discharges through an energy dissipater as near as possible to the down slope property line. Appropriate details shall be added to the plans to address this issue. Encroachment Permit. The applicant shall obtain an PW Encroachment Permit from the Public Works Department for any work within the public street rights of way. Right of Entry. The Developer shall obtain rights-of-entry PW from the adjacent property owners for any improvements on their property. The rights-of-entry shall be in writing and co ies furnished to the Cit En ineer. Geotechnical Report. All grading. retaining walls and PW foundation work shall be performed in accordance with the recommendations contained in the Geotechnical Report by Engeo titled Foundation Exp10ration, Bordeaux Estates, Lot I Rolling Hil1s Drive and Lots 7 through 11 Brittany Lane, Dublin, California dated April 6, 2000 and site specific information contained in the letter from TND2 dated March 7,2005. The responsible Geotechnical Engineer shall sign a statement on the Grading, Drainage and Improvement Plan that all proposed grading, drainage and retaining walls conforms to the recommendations contained in the Geotechnical R ort. Existing Common Area Storm Drain Easement PW (CASDE). The applicant shall install a 12"-diameter reinforced concrete storm drain pipe along the centerline of the existing CASDE that encumbers the site from the edge of the proposed concrete driveway to the edge of the proposed retaining wall to accommodate any existing or future Silvergate Homeowner's Association storm discharges. Since the existing CASDE contains an angle point within a proposed fill area, the applicant shall either 6 LP Ifb lO <t WHEN REQUIRED Prior to: Issuance of rading and uilding Permits Issuance of PW rading and uilding Permits Issuance of PW ading and uilding Permits Prior to any PW construction within the street ri hts ofwa Issuance of W rading/Sitework nd Building ermits Prior to Grading W I Sitework Permit On-going ,PW r¡~ID<-t NO. CONDITION TEXT ReSPON. WHEN SOURCE AGENCYI REQUIRED DEPART. Priorto: install a junction structure (manhole) at the angle point, or shall relocate the wall towards the top of the hill· slightly to avoid the angle point. The final design of the concrete storm drain pipe shall be subject to review and approval by the Director of Public Works. 22. Grading and Drainage Design. The Final Grading and PW Prior to Grading / PW Drainage Plan shall be designed to conform with the Sitework Permit Preliminary Grading Plan submitted for P A 04-056, in the Project Plans, Exhibit A, and shall be prepared to meet the following requirements: · No surface drainage shall cross the side property lines; · All retaining walls on the property line shall be concrete or masonry; · Grading in all areas shall be designed so that there is an emergency surface release of drainage should the underground drainage system fail; · An drainage from the developed area of the lot shall be collected and conveyed to a drainage dissipater in the rear of the lot or to a thru-the~curb drain on the street frontage; · Concentrated storm flows from the pipes that will drain the driveway and from rain water leaders e that will drain the roof and sitc improvements shan not discharge at or near the top-of-slope. Instead, concentrated flows shall be collected in a pipe network that discharges through an energy dissipater as near as possible to the down slope property line. Appropriate details shall be addcd to the oJans to address this issue. 23. Grading, Drainage and Improvement Plan. The applicant PW Prior to Grading / 'w shall prepare a Final Grading, Drainage and Improvement Sitework Permit Plan forreview and approval of the Public Works Director. Thc Plan shall include as a minimum the following infonnation: a. Existing topography including ground contours at one~foot intervals extending a minimum 10 feet beyond the property limits, and the location of the existing tree trunks and drip Jines (note the drip lines to be accurately shown per the locations on the Topographic Survey); b. The location of existing improvements including fences and street frontage improvements; c. Location and elevation of existing and any proposed changes to the water, sanitary sewer, gas, electric and CATV services to the lot; d. The location of all proposed improvements including the house footprint, decks, patios, retaining walls, pathways and driveways; e. Proposed grading including: e i. Limits of cut and fill area including the "daylight" linc where the proposed grading conforms to the existinl! \!round; 7 Location and type of all inlets; Elevations of grate 31)d pipe inverts at all storm drain structures; Storm drain pipes size, slope and material; Location and detail for the outlet dissipater; DIrection of surface flow; Construction notes, sections and details as required; Location and elevation for the benchmark to be used for construction; and, Signature blocks for the Public Works Director Geotechnical En "neer and the DSRSD. Erosion Control during Construction. Applicant/Developer shall include an Erosion and Sediment Control Plan with the Grading and Improvement plans for review and approval by the City Engineer/Public Works Director. Said plan shall be designed, implemented, and continually maintained pursuant to the City's NPDES permit between October 1" and April IS" or beyond these dates if dictated by rainy weather, or as otherwise directed b the Cit En ineerlPublic Works Director. Storm Water Treatment Measures Maintenance Agreement. ApplicantlDeveloper shall enter into an agreement with the City of Dublin that guarantees the property owner's perpetual maintenance obligation for all storm water treatment measures installed as part of the project. Said agreement is required pursuant to Provision C.3.c.ii ofRWQCB Order RZ-2003-0021 for the reissuance of the Alameda Countywide NPDES municipal storm water permit. Said permit requires the City to provide verification and assurance that all treatment devices will be properly o erated and maintained. DSRSD Signature. The Grading, Drainage and Improvement Plan shall be signed by DSRSD approving the sanitary sewer and water facilities. DSRSD will require all fees and a eements to be com leted rior to si in. Driveways. The driveway shall be 14 feet wide and shall be constructed in accordance with City Standards. Vehicle turn around area shall be provided such that vehicles don't back out into the street. UTILITIES 28. NO. 24. 25. 26. 27. CONDITION TEXT f. Finish floor elevations; Sufficient finish surface elevations on all pavements to show slope and drainage; Top, toe and slope of all banks; Top, bottom and height of all retaining walls; vi. Quantities of cut and fill; Proposed drainage improvements including: l. II. II. Ill. IV. V. Ill. IV. v. g. h. 1. Utilities. The applicant shall secure all utility services to th.e 8 RESPON. AGENCY! DEPART. PW PW PW PW PW 75~ 10'1 WHEN REQUIRED P·rlor to: Prior to Grading / W Sitework Permit Issuance of Occupancy Permit/Bui]ding Permit Final Prior to Grading / W Sitework Permit or Building Permit Prior to Grading / W Sitework Permit or Building Permit Prior to Building W WQCB NO. CONDITION TEXT site, including but not limited to electricity, telephone, cable television, water, sewcr and other required utility services in accordance with the requirements and specifications of the utility eompany_ The Dublin San Ramon Services District (DSRSD) may require the water and sewer service to be fitted with a backflow prevention device. In addition, the existing water service pipe in Brittany Lane may not be large enough to accommodate the required flow rates for this home because of the need for fire sprinklers, and therefore may need to be upsized_ The applicant shall comply with all applicable regulations of the DSRSD. The applicant shall obtain encroachment permit from thc City prior to any work within the Cit ri ht-of-wa . BIJILDING DIVISION / CONSTRUCTION 29. Hours of Construction. Standard construction and grading hours shall be limited to weekdays (Monday through Friday) and non-City holidays between the hours of7:30a.m. and 6:00 p.m. The Applieant/Developer may request reasonable modifications to such determined days and hours, taking into account the seasons, impacts on neighboring properties, and other appropriate factors, by submitting a request form to the City EngineerlPublic Works Director_ For work on Saturdays or Sundays, said request shall be submitted no later than 5 :00 p.m. the prior Wednesday. Overtime inspection rates will apply for all after-hours, Saturday, and/or holiday work. Building Permit for Retaining Walls. The applicant shall obtain a separate Building Permitrrom the Building Department for all retaining walls over 24 inches with a surcharge or 36 inches without a surcharge (which may be the total height of the stepped walls depending on the horizontal spacing). Retaining walls within a walkway and over 30 inches in height shall provide guardrails_ 31. Solid Fuel Burning Fireplace. Plans indicate a fireplace in the living room of the home. Solid fuel burning fireplaces are not allowed in the City of Dublin. The Applicant/Developer shalJ amend lans to indicate t e of fir lace. 32. Dust Control. The contractor is responsible for preventing dust problems from the site by watering graded areas or other palliative measures as conditions warrant or as directed by the Public Works Director. 33_ Parking. Construction and workers vehicles shall not park on the north side of Brittany Lane. Double parking will not be allowed. 34. Trash and Debris Control. Measures shall be taken to contain all construction related trash, debris, and materials on site until disposal off-site. The contractor shall keep the adjoining public streets and properties free and clean of roO ect dirt, trash and construction materials. Construction Fence. The applicant shall install a temporary fenceJbarrier across the rear yard approximately 10 feet be ond the limits of gradin . The fenceJbarrier shall be 9 RESPON. AGENCY/ DEPART. PW B B,F PW PW PW PW '9~¡D"Í' WHEN REQUIRED Prio.r to: Permit During construction Prior to start of construction of any retaining walls. Prior to issuance of Building Permits. During construction During construction During construction During construction SOURCE w -MC w Vv' w w NO. CONDITION TEXT 36. placed in such a manner to restrict construction activities, material storage, trash, and debris from going down slope of the construction area Construction Noise Management Program/Construction PW Impact Reduction Plan. ApplicantlDeveloper shall confonn to the following Construction Noise Management Program/Construction Impact Reduction Plan. The following measures shall be taken to reduce construction impacts: a. Off-site truck traffic shall be routed as directly as practical to and from the freeway (1-580) to the job site. Primary route shall be from 1-580 to San Ramon Road. An Oversized Load Pennit shall be obtained from the City prior to hauling of any oversized loads on City streets. b. The construction site shall be watered at regular intervals during all grading activities. The frequency of watering should increase if wind speeds exceed 15 miles per hour. Watering should include alJ excavated and graded areas and material to be transported off"site. Use recycled Of other non-potable water resources where feasible. c. Construction equipment shall not be left idling while not in use. d. Construction equipment shall be fitted with noise muffling devices. e. Radios and loudspeakers shalJ not be used outside of the building. f. Mud and dust carried onto street surfaces by construction vehicles shall be cleaned-up on a daily basis. g. Excavation haul trucks shall use tarpaulins or other effective covers. h. Upon completion of construction, measures shall be taken to reduce wind erosion. Replanting and repaving should be completed as soon as possible. l. After grading is completed, fugitive dust on exposed soil surfaces shall be controlled using the following methods: 1. Inactive portions of the construction site shall be seeded and watered until grass growth is evident. 2. An portions of the site shall be sufficiently watered to prevent dust. 3. OJ)-site vehicle speed shall be limited to 15 mph. 4. Use of petroleum-based palliatives shaH meet the road oil requirements of the Air QuaJity District. Non- petroleum based tackifiers may be required by the City Engineer. 1. Thc Department of Public Works shaH handle 10 RESPON. AGENCYI DEPART. IOq{"-t WHEN REQUIRED Prior to: OD-going and during construction W ¡ \ "b It) ê\ NO. CONDITION TEXT RESPON. \IV.... EN SOURCE . AGENCYI REQUIRED - DEPART. Prior to; all dust complaints. The City Engineer may require the services of an air quality consultant to advise the City on the severity of the dust problem and additional ways to mitigate impact on residents, including temporarily halting proj ect construction. Dust concerns in adjoining communities as well as the City of Dublin shall be addressed. Control measures shall be related to wind conditions. Air quality monitoring of PM levels shall be provided as required by the City Engineer. k. Construction interference with regional non- project traffic shall be minimized by: I. Scheduling receipt of construction materials to non-peak travel periods. 2. Routing construction traffic through areas ofleast impact sensitivity. 3. Routing construction traffic to minimize construction interference with regional non-project traffic movement. 4. Limiting lane closures and detours to off-peak travel periods. 5. Providing ride-share incentives for e contractor and subcontractor personneL 1. Emissions control of on-site equipment shall be minimized through a routine mandatory program oflow-emissions tune-ups_ 37_ Damaged Improvements. The applicant shall repair to the PW Prior to PW satisfaction of the Public Works Director all damaged street occupancy curb gutter sidewalk and pavement on the Jot frontage. 38. DSRSD Fees. All utility connection fees including DSRSD DSRSD Prior to DSRSD and Zone 7, plan checking fees, inspection fees, cOilllection issuance 0 f any fees, and fees associated with a wastewater discharge permit Building or shall be paid to DSRSD in accordance with the rates and Construction schedules established in the DSRSD Code. Pennit by DSRSD FIRE AND EMERGENCY SERVICES 39. Automatic Fire Sprinkler System. Automatic Fire BLDG Prior to issuance Sprinkler Systems shall be required in alJ buildings that are ofbuilding adjacent to Open Space or Undeveloped Land. The pennit and installation of the Automatic Fire Sprinkler System shall be Ongoing in accordance with atmroved Citv standards. 40. Wildfire Management Plan and the Heritage Tree F,B Prior to issuance ) Ordinance. The Applicant shall comply with the Wildfire of Building Management Plan and the Heritage Tree Ordinance as Permits and follows: Ongoing e a. The building shall be equipped with an automatic sprinkler system and the sprinkler system shall be monitored by a UL certified central station 11 NO. CONDITION TEXT company; b. The roof covering shall be Class A rated. For roof coverings where the profile allows a space between the covering and decking, the space at the eave ends shall be fire stopped precluding entry of embers or flames. Roof decking shall be shall be solid; space sheathing shall be prohibited; c. The underside of the eaves shall be one-hour rated. Fascias shall be constructed as to be protected on the backside by materials approved for one-hour fire resistive construction or 2-inch nominal dimension lumber; d. The exterior wall on the side facing the Heritage Tree and the two adjacent sides shalJ he one hour rated (3 walls); e. The exterior doors shall be non-combustible or solid core I % inch thick; f. Attic vents or other vent openings shall not exceed 144 sq. in. and covered with non-combustible corrosion resistant mesh with openings not to exceed y. inch. Attic ventilation openings shall not he ]ocated in soffits, eave overhangs, between rafters at eaves, or in other overhang areas_ Under floor ventilation openings shall be located as close to grade as practical; g. The windows shall be dual pane tempered on the side facing the open space and the two adjacent sides. h. Clearly show heritage trees on the site plan. Show the drip lines of the trees on the plan; !. The structural members in the under floor areas shall be one hour rated. Metal structural members shall be used in place of wood in construction of all under floor areas that are enclosed to the ground with exterior walls as required in the Wildfire Management Plan; J. Comply with the vegetation guidelines. 'This requires that a five (5) foot area of non- combustible materials, flowers, plants, gravel or soil be maintained around the house. k. Gutters and downspouts shall be constructed of noncombustible material; 1. Unenclosed accessory structures attached to the building with habitable space and projections, such as decks, shall be of one-hour fire resistive construction, heavy timber, or constructed of noncombustible material. When the attached structure 12 ì d i!b \D'+ RESPON. AGENCY! DEPART. WHEN REQUIRED Prio'r to: SOURCE NO. CONDITION TEXT RESPON. AGENCY! DEPART. 41. is located and constructed so that the structure or any portion thereof projects over a descending slope surface, the area below the structure shall have all under floor area enclosed to within 6 inches of the ground with exterior walls; m. All accessory structures shall be constructed pursuant to requirements of the Wildfire Management Plan; n. Fences shall constructed of combustible materials shall be separated from the perimeter of the buildings containing habitable space by connecting to the buildin with a maso ilaster. Applicable regulations and requirements. The F ApplicantJProperty Owner shall comply with all applicable regulations and requirements ofthe Alameda County Fire Department (ACFD), City of Dublin Standards, including minimum standards for vegetation management and emergency access roads and payment of all appropriate fees, includin Cit of Dublin Fire facility fees. Smoke Detectors. Residential smoke detectors shall be F installed as required by California Building Code section 310.9. Fire safety during construction. The following is F applicable during the construction phase: a. The combustibles on the site shall be removed prior to start of construction; b. Article 87 of the Fire code shall be followed concerning fire safety during the construction, demolition or repair, and the following requirements shall be provided to the project manager and job contractor who shall notify all employees and sub~contractors of the requirements; c. Access roads shall be installed prior to building/site construction occurring; d. Water supply shall be installed and in-service prior to building/site construction occurring; e. Access roads, turnarounds, pullouts, and fire operation areas and fire water supplies shall be maintained clear and free of obstructions, including parking. These areas are required fire lanes and shall be passable fire equipment at all times; f A means to contact emergency services and a minimum of one 4A 20BC fire extinguisher shall be provided at the job site; Hot work activities such as weldin 42. e 13 13 ~ 10'1 WHEN REQUIRED Prior to: SOURCE Prior to issuance of Building Permits and Ongoing Prior to issuance of Building Permits Prior to delivery of any combustible material I/O. CONDITION TEXT RESPON, AGENCYI DEPART. 44. torches, and flame producing operations shall be in accordance with the Fire code; and, h. All construction equipment I machinery I devices with internaJ combustion engines shall be equipped with approved spark arrestors while 0 eratin in this roject area. Numbers or Addresses. Approved numbers or addresses shall F be placed on all new buildings. The address shall be positioned as to be lighted, plainly visible and legible £rom the street or road fronting the property. Said numbers shall contrast with thejrback ound CFC, 1998, Section 901.4.4 Uniform Building and Fire Codes. The project shall comply F with Uniform Building and Fire Codes as adopted by the City of Dublin. All project construction shall conform to all fire codes and ordinances in effect at the time ofbuildin ermits. Sprinkler System. Provide a note on the drawing showing that F the building is provided with a sprinkler system as follows: a. The sprinkler system shall be designed and installed in compliance with N.F.P.A. 13D. b. Contact the Fire Department at least 48 hours in advance for required underground inspections and hydrostatic test of all systen1 components. c_ The sprinkler system shall be monitored by a centra] station monitoring as defined in N.F.P.A. Standard No. 72. (Required by the Heritage Tree Ordinance). d. Submit detailed shop drawings of all sprinkler modifications to the Fire Department for approval and ermit nor to installation. Driveway Width. Because the exterior walls arc over 150 F feet from the public road, the driveway shall be a minimum 14 ft wide emergency vehic]e access road designed to hold the weight of fire apparatus (63,000 pounds with a 40,000 lb axle weight). 45. 46. 47. l'OLlCE SECURITY 48. Residential Security Requirements. The development shall B, PO comply with the City of Dublin Residential Security Requirements. Security hardware must be provided for all doors, windows, roof, vents, and skylights and any other areas per Dublin Police Services recommendations and requirements. At the beginning of the construction, an address sign of adequate size and color shall be posted on site. Additionally, during construction security measures shall be taken to secure equipment and materials, including barricades. lockin boxes and contact information. Lighting. Lighting shall be installed over all exterior doors B, PO in confomlance with the Residential Security Requirements. 49. 14 I c.+"b lD'-ì WHEN REQUIRED P·rior to.: Prior to Occupancy Prior to Completion Prior to issuance of Building Pennits Prior to issuance of Building Pennits Prior to Occupancy Pri or to Occupancy of first residence SOURCE ,PO Public Facilities Fee. The developer pay Public Facilities Fee PCS in the amounts and at the times set forth in City of Dubli Resolution No. 214-02, adopted by the City Council 0 November 19, 2002, or in the amounts and at the times se forth in any resolution revising the amount of the Pub Ii Facilities Fee, as implemented by the Administrativ Guidelines ado led b Resolution J 95-99. ARCHITECTURE 53. Exterior lighting. Exterior lighting shall be of a design and PL placement so as not to cause glare onto adjoining properties. Lighting used after daylight hours shall be minimized to rovide for securit needs onl . Fencing and Retaining Walls. Thc design, location and materials of all fencing and retaining walls shall be subj cct to review and approval by the Community Development Director. Increase in height of residences prohibited. Any increase in PL height of the residence proposed with this project beyond that approved by the City with this applicatiol1 is prohibited. The Applicant/Developer shall be responsible for surveying and certification of floor height and ridge height prior to completion of framing construction to verify actual buildil1g hei ht. Colors and Materials. BuiJding colors and materials shal PL generally confol1ll to colored elcvations and materials shee dated received October 29,2004. LANDSC..œING 57. Final Landscaping and Irrigation Plan. PL Applicant/Developer shall submit a Final Landscaping an Irrigation Plan, confol1lling to the requirements of Sectio 8.72.030 of the Zoning Ordinance (unless otherwise require by this Resolution) and the various Heritage Tree protectio requirements, stamped and approved by the Director of Publi Works and the Director of Community Development. The pi should generally confOI1ll to the landscaping plan shown on th Site Develo ment Review lans, lotted Februar 4.2005. Wildfire Managcment Plan. The Final Landscaping an Irrigation Plan shal1 be in accordance with the City of Dubli Wildfire Mana ement Plan. Landscape Installation. Prior to final occupancy approval all re uircd landsca in and irri ation, shall be installed. NO. 51. PARKS 52. CONDITION TEKT RESP0N. AGENCYI DEPART. B,PO Graffiti and Vandalism. The Applicant/Developer shall keep the site clear of graffiti and other vandalism on a regular and continuous basis at all times. During Construction. During constru.ction, the Applicant/Developer shall: a. Provide the Police Services Department with a 24-hour contact number for use by emergency responders; and, b. Post the site with signs stating "NO TRESPASSING." The signs shall also include regular hours of construction. 55. 56. 58. 59. PL ·\50(/°,* WKE!N REQUIRED P,ior to: Prior to Occupancy of first residence ngOlng SOURCE ,PO ,PO Issuance of CS Building Pel1llit. Ongoing L Prior to approval L of Final Landscaping and Irri ation Plans. Ongoing . L Ongoing L Prior to building .0. pel1llit F Prior to building pel1llit PL,B Prior to L occu anc 15 NO. 60. nSR'SD 61. 62. 63. 64. 65. CONDITION TEKT RESPON. AGENCYI DEPÄRT. The landscap PL drought-toleran Drought-tolerant and/or native species. design and construction shall emphasize and/or native s ccies wherever ossible. Dublin San Ramon Service District (DSRSD) Permit. The DSRSD applicant shall obtain a construction permit from the DSRSD for all water and sanitary sewer improvements. Conformance to DSRSD Requirements. Prior to issuance 0 DSRSD any building permit, complete improvement plans shall b submitted to DSRSD that conform to the requirements of th Dublin San Ramon Services District Code, the DSRS "Standard Procedures, Specifications and Drawings for Desig and Installation of Water and Wastewater Facilities", al applicable DSRSD Master Plans and all DSRSD policies. Prio to the issuance of a building permit, all utility connection fees plan check fees, inspection fees, permit fees and fee associated with a wastewater discharge permit shall be paid t DSRSD in accordance with the rates and schedules establishe in the DSRSD Code. Gravity Flow. Sewers shall be designed to operate by gravi DSRSD flow to DSRSD's existing sanitary sewer system. Pumping 0 sewerage is discouraged and may only be allowed unde extreme circumstances following a case by case review wit DSRSD staff. Any pumping station will require specifi review and approval by DSRSD of preliminary design reports design criteria, and fïnal plans and specifications. The DSRS reserves the right to require payment of present worth 20 yea maintenance costs as well as other conditions within a separat agreement with the applicant for any project that requires um in station_ Connection Fees. Prior to issuance by the City of an DSRSD Building Permit or Construction Pennit by the Dublin Sa Ramon Services District, whichever comes first, all utili connection fees including DSRSD and Zone 7, plan checkin fees, inspection fees, connection fees, and fees associated wit a wastewater discharge permit shall be paid to DSRSD i accordance with the rates and schedules established in th DSRSD Code. Signed b)' the District Engineer. Prior to the issuance of DSRSD building permit, all improvement plans for DSRSD facilitie shall be signed by the District Engineer. Each drawing 0 improvement plans shall contain a signature block for th District Engineer indicating approval of the sanitary sewer 0 water facilities shown. Prior to approval by the Distric Engineer, the Applicant shall pay all required DSRSD fees and provide an engineer's estimate of construction costs fo the sewer and water systems, a performance bond, a one-ye maintenance bond, and a comprehensive gencral Jiabilit insurance policy in the amounts and forms that are acceptabl to DSRSD. The Applicant shall allow at least 15 working day for final improvement drawing review by DSRSD befor si 'nature b the District En ineer. 16 ) 1o¡},~ \b,-\ LJ WHEN REQUIRED prior to: Prior to occupancy .0. Prior to SRSD construction of sanitary sewer . and water im rovements. Prior to issuance of Building Permits Ongoing SRSD Ongoing SRSD Prior to issuance SRSD of Building Permits n~)t(,)<-\:" NO. CONDITION TEXT RESpaN.. WHEN SOURCE AGENC¥I REQUIRED DEPARf. Prlo:r to: 6. Sewer and Water. No sewer line or water line constructior DSRSD Ongoing SRSD shall be permitted unless the proper utility construction permi has been issued by DSRSD. A construction permit will onh be issued after all of the items in the condition immediatel) before this one have been satisfied. 67. Hold Harmless and Indemnify. The Applicant/Proper!' DSRSD Ongoing )SRSD Owner shall hold DSRSD, its Board of Directors commissions, employees, and agents of DSRSD harmless and indemnify and defend the same from any litigation, claims, 0 fines resuJtim! from completion ofthc proiect. 68. Construction Permit. The Applicant/Property Owner shal DSRSD Prior to DSRSD obtain a limited construction permit from the DSRSD prior t( commencemcnt commencement of anv work. of anv work 69. Construction by Applicant/Developer. All onsite potablf DSRSD Completion of DSRSD and recycled water and wastewater pipelines and facilitie Improvements shall be constructed by the Applicant/Developer in accordancf with all DSRSD master plans, standards, specifications anc reauirements. 70. DSRSD Water Facilities. Water facilities must be connected DSRSD Completion of )SRSD to the DSRSD or other approved water system, and must b< Improvements installed at the expense of Applicant/Developer in accordanc< with District Standards and Specifications. All material and workmanship for water mains and appurtenances thereto mus conform with all of the requirements of the officially adopte( Water Code of the District and shall be subject to fiel( insnection bv the District. 71. The applicant shall coordinate with the District and Alamed¡ DSRSD Approval of IDSRSD County Fire Department on required fire flows. Improvement Plans BUILDING AND SAFETY 72. Building Permits. To apply for building permits, thf B,PL, Prior to issuance B, PL. PW Applicant shall submit eight (8) sets of full construction plan PW of building for plan check. Each set of plans shall have attached am permits annotated copy of these Conditions of Approval. Thf notations shall clearly indicate how all Conditions of Approval will be complied with. Construction plans will not be accepted without the annotated conditions attached to each set of plans The Applicant/Developer will be responsiblc for complianc< with all Conditions of Approval specified and obtaining th¡ approvals of all participating non-City agencies prior to th¡ issuance of building: or grading permits. 73. Construction plans. Construction plans shali be full) B,PL, Prior to issuance IB, PL, PW dimensioned (including building elevations) accurately drawr PW of building (depicting all existing and proposed conditions on site), ane permits prepared and signed by a California licensed Architect 0 Engineer. The site pian, landscape plan and details shall b( consistent with each other. 74. Postal authorities. The developer shall confer with the loca PL Prior to issuance ~5' postal authorities to determine the type of mail receptacle of Building e necessary and provide a letter stating their satisfaction with thE Permit 85-035 type of mail service to be provided. Specific locations for sud units shall be to the satisfaction of the Postal Service. 75. Air Conditioning Units. Air conditioning units and B,PL Prior to Í!3,PL 17 ventilation ducts shall be screened from public view wi materials compatible to the main building and shall not b roof-mounted. Units shall be pennanently installed on concret pads or other non-movable materials to be approved by th Building Official and the Director of Communi Development. Air conditioning units shall be located such tha each dwelling unit has one side yard with an unobstructe width of not less than 36 inches. Air conditioning units shall b located in accordance with the PD text. 76. Engineer Observation. The Engineer of record shall b retained to provide observation services for all components 0 the lateral and vertical design of the building, inc\udin nailing, holdowns, straps, shear, roof diaphragm and structur frame of building. Engineer shall certify elevations abov grade of floors and roof framing. A written report shall b subruitted to the City Inspector prior to scheduling the fina frame ins ection. HERITAG$ TREES 77. Heritage Tree Protection Plan. The AppIicantlDeveloper shall comply with the requirements of the Heritage Tree Protection Plan prepared by Hortscience in February 2001 for the Black Mountain Development project (PA 00-009), on file in the Department of Community Development. NO. 78. 79. 80. 81. 82. COtl/:DITION TEXT RESPOIII. AGENCYI DEPART. B,PL PL Heritage Tree Protection Zone. The Heritage Tree PL Protection Zone shall completely surround those trees to the satisfaction of the City's arborist. Subject to the provisions of Condition 105 below, a fence shall completely surround and define the Heritage Tree Protection zone to the satisfaction of the City's arborist prior to grubbing, grading and construction. Fences shall be 6 feet tall chain link or equivalent as approved by the consulting arborist. Fences are to remain until all adin and construction is com leted. No underground services. No underground services PL including utilities, sub-drains, water or sewer lines shall be placed in the Heritage Tree Protection Zone. Tree Preservation Notes. Tree Preservation Notes, PL prepared by the consulting arborist, shall be included On all construction plans. Irrigation systems. Irrigation systems must be designed so PL that no trenching will occur within the Heritage Tree Protection Zone. Damage by Other Improvements. No landscape PL improvements such as lighting, pavement, drainage or planting may occur which may negatively affect the health or structural stability ofthe trees. 18 I<~:· '1"'\ (Dc,¡. U "t) \ WHEN REQUIRED Prior to: Occupancy of Unit SOURCE Prior to Final Frame Inspectio and Ongoing ,PL Ongoing Prior to issuance of Grading Pennitand Through Construction Ongoing Prior to issuance of Building Pennit of BuiJding Pennit Ongoing \'1 C"'v liS't NO. CONDITION TEXT RE~PClN. WH.BN SOURCE AGENCYI REQUIRED 4 þ-3. DEPART, Prior to: Expansive Soils. Foundations, footings and pavement on PL Prior to issuance PL expansive soils near the Heritage Trees should be designed of Building to withstand differential displacement due to expansion and Pennit shrinkimr ofthe soil. 84. Pruning. All pruning, including after completion of PL On-going PD construction, shall be completed by a Certified Arborist arid 5-035, Tree Worker in the presence of Citv designated personnel Heritage and be ill conformance with the guidelines of the Tree Intemational Society of Arboriculture, Tree Pruning )rdinance Guidelines, current edition, on file in the Community Development Department. In addition, pruning shall be in conformity with the provisions of the Pruning Specifications of the Heritage Tree Protection Plan for this proj eet. Pruning shall not be allowed for the purposes of modifying the drip line of anv Herital!e Tree. 85. Pre-GradinglPre-Construction Meeting. Prior to work, the PL Prior to issuance PL contractor must meet with the Applicant's and the City's of Building consulting arborist at the site to review all work procedures, Permit access routes storal!e areas and tree protection measures. 86. No Dumping or Storage. No excess soil, chemicals, debris, PL Prior to issuance PD equipment or other materials shall be dumped or storcd of Grading 5-035, within the Tree Protection Zone. Spoil from trench, footing, Permit Heritage utility or other excavation shall not be placed within Heritage Tree Tree Protection Zone. )rdinance .7. Damage during Construction. If damage should occur to PL Ongoing D any tree during construction it shall be immediately reportcd ~5-035, to the Director of Community Development so that proper ~Ieritage treatment may be administered. The Director will refer to a ~ree City selected Arborist to determine the appropriate method Ordinance of repair of any damage. The cost of any treatment or repair shall be borne by the developer/applicant responsible for the development of the project. Failure to do so may result in the iSSllance of a stOD work order. 88. Aerial Inspection. While in the tree, the arborist shaH PL Ongoing PL perform an aerial inspection to identify defects that require treatment. Any additional work needed shaH be reported to the proiect Arborist. 89. Climbing of Trees. Trees shall not be c1imbed with spurs. PL Ongoing !PO Thinning cuts are to be employed rather than heading cuts. 85-035, Trees shaH not be topped or headed back. Heritage rrec Ord. 90. Parking of Equipment. Vehicles and heavy equipment shall PL Ongoing PD not be parked beneath the trees. If access by equipment is 85-035, required to accomplish the specified pruning, the soil surface Heritage shall be ·protected with 6 inches to 8 inches of wood chips Tree before placing eouipmént or vehicles. Ordinance 91. Servicing and Fueling of Vehicles. Equipment shall be . PL Ongoing PL servi ced and fueled outside the tree canopy to avoid acci dental spills in the root area. _2. Observation by Certified Arborist. The City's Consulting PL Ongoing PD arborist shall be present on the project site during grading or 85-035, other construction activity that may impact the health of the Heritage Heritage Trees in this orol ect. Tree Ord. 19 NO. 93. 94. 95. 96. 97. 98. 99. 100. CONDITIQN TEXT RE$PQN. AGENCYI DEPART. PL Guide to Maintenance for Native Oaks. The applicant's arborist shall prepare a Guide to Maintenance for Native Oaks that describes the care needed to maintain tree health and structural stability including prumng, fertilization, mulching and pest management as may be required. In addition, the Guide shall address monitoring both tree health and structural stability of trees. As trees age, the likelihood of failure of branches or entire trees increases. Therefore, armual inspection for hazard potential should be addressed in the Guide. A copy of this Guide shall be provided to the homeowner. Bond or Security Deposit. Theapplicantldeveloper shaH PL guarantee the protection of the Heritage Trees on the project site through placement of a cash bond or other security deposit in the amount equal to the valuation of the trees as determined by the Director of Community Development. The cash bond or other security shaH be retained for a reasonable period of time following the occupancy of the residence, not to exceed one year. The cash bond or security IS to be released upon satisfaction of the Director of Community Development that the Heritage Trees have not been damaged or endangered by construction activities. The cash bond or security deposit shall be forfeited toward payment of the e;ivil penalty for damages, pursuant to Section 5.60.120 for any removal or destruction of a Herita e Tree. Public Utilities in Vicinity of Heritage Tree. Any public PL utility installing or maintaining any overhead wires or underground pipes or conduits in the vicinity of a Heritage Tree in this project shaH obtain permission from the Director of Community Development before performing any work which ma cause in - ur to the Herita e Tree. No Heritage Tree on the project site shall be removed. No PL Heritage Tree on the project .site shall be removed unless its condition presents an immediate hazard to life or property. Such Heritage Tree shall be removed only with the approva] of the Director of Community Development, City Engineer, Police Chief Fire Chi ef or their desi ee. All Oak trees are Heritage Trees. All Oak trees on the PL proj ect site addressed by the Heritage Tree Protection Plan are designated as Heritage Trees by this Site Development Review and shall he protected by the provisions of the Herita e Tree Ordinance ursuant to Section 5.60.40.2. Heritage Tree Ordinance. All work shall comply with City PW, PL of Dublin Herita e Tree Ordinance. Disclosure Upon Future Sale. The Applicant/Developer PL shall disclose upon any future sale of the property the following information and current regulations: th.e location of all Heritage Trees on the property; the provisions of the Heritage Tree Ordinance; and the provisions of the Guide to Maintenance for Native Oaks, re uired above. Arborist Review of Site Plan and Drainage. The project PL arborist shal1 review and a rove the site Ian. 20 WHEN REQUIRED Prior to: Prior to occupancy Prior to issuance of Building Pennit and Ongoing for up to one-year beyond occupancy Ongoing Ongoing Ongoing Ongoing On-going On-going ~o a:o to 'f. D 5-035, eritage ree rdinance L L Staking and Staking Plan. After the Tree Protection Zone has been established and the site has been cleared and graded, the dimensions of the home, projecrions and deck shall be staked. The stakes shall be reviewed and approved by the Community Development Director or his designee prior to issuance of building permit. The Applicant/Developer shall request an inspection of the staking from the Community Development Director or his designee. The Applicant/Developer shall submit a staking plan and a letter prepared by a licensed surveyor, verifying that the stakes on the property accurately represent the staking plan to the Community Development Director or his designee for review and approval no fewer than three (3) days prior to the inspection. Staking shall include each corner ofthe dwelling to accurately define the footprint of the building with all projections, including decks. The staking shall also include foundation staking points in a contrasting color which shal1 remain in place while foundation work is under construction and shall be removed only after the foundation inspection has been approved and the foundation has been poured. An inspection from the Community Development Director or his desi ee is re uired rior to removal of the foundation stakes. Encroachment of Drip Lines. No structure shall encroach to within 5 feet of the drip line of a Fire Resistive Heritage Tree. NO. CONDITION TEXT 01. 02. RESPO/il. AGENCYI DEPART. PL PL PASSED, APPROVED and ADOPTED this 5th day of April, 2005. AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk G:rA#12004/04~056/cc re-so sdr.doç e ?< I~ l<ó)'1 WHEN REQUIRED Prior to: Prior to issuance of Building Permit and on-going ~OURCE L Prior to issuance of Bldg. Permit Mayor ofthe City of DubJin 21 . -.-.-- . ::;; o () ~ ~ ~ ;;:; (") -1 :;! ,...0 (fl ;¡j ;:: cO> g¡ J> <: lJ :p. ¡;; e -< ~ --- '"tJ--- MO ,.. (fl "'" Z -1 o Z ......... >"'" c.:') c:: rn ¡;: z .".".""..-.. 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[J} ~. ¡C~llg ,~~~ ~ ~i .~!;~. ~~ ~~~alr ~ S. ~~~ ~~a; ~§i.n,¡ .~~. ~$ \; ~ ~gm ~~~ Imf~ ~> ~!ª~I.m: ¡ ~'I ;~~i ¡~p Ii ~~I~~~~ - ~ g~ =~~!~! ~ . , _..m~ § ~ ~~ .'0 ß~ . "~ ~ < \ ~ ~ ~ ~ ¡:¡ r:2 ,.~ g fll ;- :)0('"1 j;1 ~-, n '=' ::¡ þ .0 ~im~i ~~~~ i~i ~i ¡i ~~ Ii ~¡;.; ~ I g ~~i ~~ªi "~ij §12¡ ~~ I ~~~~~ 2: ·~m ~~~~ I~~.I~ ~g;1 ~~ d~!~ ~ ~~~~ .~~~ Q8 R ~~ ~~ ~~ {Bg~ ~;~: il~~ '1 ~m !~"~ ¡~ ~å'~~ ~.!~ ~b ~~ ~~.~ a.~ ~"~.~ :m.! I~:i ~~;~ ~~ ; ii ~~.' _~Ii "1 ~~~' · ~~ g . ~ ~~. ~ ~Ii~ ~~9§ ~i ~ ~~ ~~~. ~ª 8~ h ~m~i ( , II $1 ( ~ I'n I~ . II , :1 I ~ ,,*'Ii ~~'" ';:I~ >::¡Cr',:l'., f.. ---,- C_·."'", ~. ~ --- ___~,¡:f)_..J_._ ''''1.·'_ I I \ : 1 ¡ n.__W+-".,__ ..,___..J___. --- - - - - --(..I'f)- ~_ __ ____ HILLS DRIVE , ~, ROLLING .5~'~:)·-""·· ~ "!~ ~ c.~ . N ø ~' - ~-' ~ ::-_~..;-.. ~ "q)"t:: U1!t:;;U:r: t;¡ C ¡¡¡ '" I"» ~ E <5 (Jj¡- *"'m"'o¡,:: I'0_~r'l ." z - ;§ 1>0 t I "I C rTJ 08:"", ~ '" ,. I:: ~ Ii b f~', ? :I::'¡)g ~ ~ ¡¡f ~a~E~ ¿ ;5'; ::¡:~N~~ . ~ ~;r8~" ~ ~~~;Il~ ~ ~. h~iIJ~ ~¡; " ::¡. -¡;;.:Þ- _~~~.,. > ¡; IIALlM RESIDENCE OI<: ['100 ([!~r::: Ç)fTl z » ;u -~~. 11299 ROLUNG HILLS DR_ DUBUN. CA_ 94568 . , , . " ~ ~:! ~ ~ ~ ~ f, ^ " " 8 " ,@ 0 b " ~ ~ < r-" ~ »A! ~ ,., ZO . 0-" ~O » ~ »'" -,,0 r fT! " ----' " ~ r N }> z ~ t ~ , " , ~ , ~ , , ~ I ~ , ~~~~~L F , 7' , ). " , I" , *'~~;~F ,;Z " , \' \) ¡ ~~~-:'~" .j -,~ E ¡'I:I. v.:,,},~ :z: , ;:OìJ\f\¡¡¡ ~ '.). .::¡ ~: ':¡!t"-"4' 0\) "- ,ç'1 (lL{~\fo '. " I iìi'" ~- ~ I" ~o I'" ~~fi?~ ," . ~m~ '" <. 1~ \j " ~}'j!¡: r' ",,~¡¡¡, ~ ï , ~&Ì\- , Z I <!i~ ~ ) -~ (! \S)~k ~ I "Lm HH~~ I :t ~ o~ ~ ~ is ~ ~ l ,,; ~ 1 " ~ " -<l-i'~¡:i{,';)- f r.~ ~L- C:F: }*'~~ ~ \jJ 6d~>:~7'J ~r~,- ~"'-- ¡:. _ z ..... 'l "" ~.~ r "< -\ ~~. ÇJ \, \\- . , 7- If' .----".' ~.~"'""::..'- . . . _.._~---, (/¡II - --C - -............ -(~ ~) ---- ---- '- -- "--- .. -. -. ----(~20) '-~ --..., "-- ~...... --.. "--.. -~ '- "-. '-~ -. 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I .. _'0_____.-.------- -.--.--- [c.\ .h~,. . '·O':C-~' \ .\ , \. _ -..(1'1}- _ _ .__f!.2':"'~~B~""~ -. -fIIl-- IllLLS DRIVE ROLLING -"" ii::;.u:r .----....-......-. [;">þ ~~Æ~~ 01<;:: '" C Iii ~ rl:Þ· M~ <I), " ~ g.",-~,. rrlOO () .þ..1!~ !:: C'~ rlAUM RESIDENCE , ~o~ IF' , '" ~ Q.~. J>- ~ r 1- , ,?- z ~ ~ tHI'~ " n 1'1,;, ; ¡;¡'f~ ..0 .~~-~ ø[Tli ;¡ c,t_! .¡>¡ ~ ~ efT! I CA. JI~IO~ " '" 11299 ROLL(NG HILLS DR. DUBLIN. 94568 g»-ØH;:þ! " ~ " ~!I- .. Z :J< " " I I ? :;¡. " ~ -. AI ~ ~ " [ :~ ~ ._~._.<.>. ~, ;-,.....,:~:,' í .: ". """,'--' ,Il . ",,,::: :\~<. \~. ,;;;:'._--, - . .. '- "\t, '- -. ::;'¡;.> ': '4..'~" :~~.- .:<-..:' .... \""- - - - -...."'- rj~~ "k.... " ''<....... '\<I!- \~~ '"l'';:'-''.,~,,---''~ -""- ". il,,""".... ''¢--_\:'~ ~, ~7W.~A:::'ì-··:· -¡.- ~~ . '~ '\ \: .(, ~~~,:.~,-'" ,...!lJ1_ " 9i ". ". \, <'''. _ _"""4:;L , ,'; ",". ". ,( 1,-" ,\~"".....".J'"{;---'- / ..... . , ~ ......, '\ "I '.- ...- .} - .- "><)-.. ,-- .'- , .} , ,," 1\ . - ,,- / \.'\ ','\... 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(~,- ""~~!"'I"I .1 .~ _ ,-¡.¥/)- - ...- HILLS DRIVE ROLLING \ , C _. - ~~~~ - (~=..~'~i.r¡;I.~·' '~r"'¡''¡' lr"I~J) ¡:¡ . I" ¡;:;. g¡. ~ . ~ ..... ~.... '; .6; Q '~"'" ~ ! j ~ en " rJ ( ... (j '" e e e 2C1 ~ \0'-'\ Written Statement We are requesting to build a new residential home at 11299 Rolling Hills Dr. This is a new single family home with 2 stories and a basement The home has 5 bedrooms and 3 bathrooms. A plan submitted by the prior owner of this lot has already been approved by the City of Dublin Planning earlier this year. We have made some minor modifications to the prior approved plan. The overall footprint otthe building is still the same. However, per the recommendation of the city, it is being moved away from the drip-line of the Heritage Oak trees that are present on the north. side of the property. Mohammed Halim RECEIVI!D OCT 2 9 2004 ATTACHMENT:¿ mmt"IMPlA~ pA c4 oS40 .' . I~t, .. .~, O::¡J) \ () <-( e Heritage Tree Protection Plan , Brittany Drive Estates, Tract 5073 · Dublin, CA. PREPARED FOR: Black: Mountain DevelOpment '. 12 Crow Canyon Ct., Suite 207 . Sari Ramon CA 94583 e PREPARED BY: HortScience, 'Inc. . 4125 Mohr Ave., Suite F . Plea-sarnon CA 94566 February 2001 [ffi ~~~ßz~ED . OITY OF DUBLIN BUILDING INSPECTIONDEPT. A1TACHMeNT .3 e e e 3 lqy;) '1 ': ,. Heritage Tree Protection Plan Brittany Drive Estates, Tract 5073 Dublin, CA Table of Contents Page Introduction and Overview 2 Survey Methods 2 Description of Trees 3 Suitability for Preservation 4 Evaluation of Impacts and Recommendations for Preservation 6 Tree Preservation Guidelines 7 List of Tables and Exhibits Table 1. Condition ratings and frequency of occurrence for trees 3 Table 2. Suitability for Preservation 5 Attachments Tree Survey Mep Tree Protection Fencing Plan Tree Survey Form -:¿.~I &\.., (1) i..f """'''1) Heritage Tree ProtB< :Plan. Brittany Drive. T. 4073, DUblin February 12, 2001 HortScience, Inc. Page 2 Introduction and Overview Black Mountain Development is proposing to develop six lots located on Brittany Drive and one lot on Rolling HiUs Dr. in Dublin, CA. The project encompasses portions on the native oak woodland. The Tentative Tract map was approved by the City Council of Dublin in 1985 In Resolution No. 82-85. That document requiree preparation of a hortioultural raport ~ projeot grading is performed within 25 feet of the dripllne Of trees, Sinoe that time a Heritage Trae Ordinance (No. 29-99) has been enacted that requires preparation of a Heritage Tree Protection Plan. HortScience. Ino was asked to prepare that report. This report provides the following information: e 1. A survey of trees within the project boundaries. 2. An asssssment of the impacts of constructing the proposed project on the trees. 3. QUldeline" for tree preservation and protection during the design, construction and maintenance phMas of development. Survey Methods Trees were surveyed in July 2000. The survey Included trees greatllr than S" in diameter, located within the project boundaries. The survey procedure oon$l&ted of the following steps: 1 . Identifying the tree a& to species: 2. Tagging each tree with an identifying number; e 3. Measuring the trunk diameter at a point 54" above grade. 4. Evaluating the health and structural stability u&ing a scale of t -5; 5 _ A healthy, vigorous tree, reasonably tree of signs and symptoms of disease. w~h good structure and form typical of the species. 4 _ Tree with slight decline in vigor, small amount of twig dieb!!ck, minor structural defaots that oould be corrected. 3. Tree with moderate vigor, moderate twig and small branch dleback, thinning of crown, poor laaf color. moderate structural defacts that might be mitigated with reguler care. 2. Tree in decline, epicormic growth, extanslve dieback of medium tc large branches, signìficant structural defects that cannot be abated. 1- Tree in severe decline. dieback of scaffold branches and/or trunk; most of foliage lrom epicormic:s: extensive structural defects that cannot be abated. 0- Dead tree. . Heritage Tree PrOle' jPlen, Brittany Drive, T_ 407S. Dublin February '2. 2001 ~,3~ID"¡- Hort5clence, Inc. Page. 3 · 5. Rating the su~abillty for preservation as "good", "fair" or "pocr". Sul1ability for preservation considers the health, age and structural condition of the tree, and its potential to remain an assai to the site for years to come. Good: Trees with good health and structural stability that have the potential for longevity at the site. Fair. Trees with somewhat declining health and/or structural defects than can be abated with treatment. The tree will require more intense ma!'l8.gement and monitoring, and may have shorter life span than those in 'good' category. Pcor; Tree in poor hðSl1h or with significant structural defects that ce.nnot be mitigated. Tree is expected to continue to decline, regardless of treatment. The species or individual may have charactaristics that are undesirable for landscapes, and genarally are unsuited for use areas. 6. Recording the tree's location on a map. Description of Trees Twenty (20) trees were evaluated. Descriptions of each treø are found In the Tree Survey (sea Attachments). A summary is provided in Table 1. Tree locations are shown by tag number on the Troe Survey Msp (see Attachmanls). · The trees on the subjact proparty are a portion of II small woodland associat"d w~h II drainag" course south of Brittany Dr. Two oak ¡;pecies were present on the south-facing slope; the everg reen coast live oak. whioh comprised 20"k of the population and the daciduous valley oak with 80% of the population (Table 1). Two of the oaks were on a west-facing slope off Rolling Hills Dr. As is normai for native oak woodlands, a range of tre" ccndition was present, from excellenl 10 poor. Tree condition rsnged from excellent to poor. although most (80%) were in Ihe good to fair category. Most were iarge, mature individuals. Tree size rangad from 14' to 51' diameter single-trunked traes. Average trvnk diameter was 28'. There were six multiple-trunked trees with individual trunks ranging in size frcm 6" to 40'. Table 1: Condition ratings and frequency of oocurrenCfl of trees at T. 5073 Common Name ScientifIc Name Condition FlatlnR No. of Good Fair Poor Trees (4·5) (3) (H) Coast live oak Querc;u$ Bgrifolia 1 1 2 4(20%) Valley oak QuercU$ lobata 7 7 2 16 (BO%) Total 8 8 4 20 40"/0 40% 20% '00% · " Heritage Trail Protec !Plan. Brittany Drive, T. 407$. Dublin February 12, 2001 HortSclence, Inc. Page 4 Heritage T....' City of Dublin Ordinance No. 29-99 identifies "Heritage Trees' as being any of 1he following: 1. Any oak, bay, cypress, maple, redwood, buckeye and sycamore tree having a trunk of 24" or more in diameter measured 4.5' above naturel glllde. 2. A tree required to be preserved as part of an approved development pian, zoning permit, use permit. site development review or subdivision map. $. A tree required to be planted as a replacement for an unlawfully removed tree. By definition #1,13 trees are Heritage. However. because the projeot was approved with the trees at the Tentative Tract Map stage, ell trees are now designated as Heritage by definition #2. Suitability for Preservation Before evaluatin¡;¡ the impaats that will occur during development, It is important to consider the c¡uality of the tree resource Itself, and the pOtential for indMdual tr¡¡es to function wall over an extended length of time. Trees that ara preserved on development sites must be carefully selacted to make sure that they may survive development impaots. adapt to a new environment and parform well in the landscape. Our goel is to Identify trees that have the potential for long-term health, structural stability and longevity. For trees growing in open fields; away from area¡;wh~ore people and property are present. structurel defects andlor poor health presents a low risk of damage or injury If they fail. However. wê must be concemad about safety In usa araas. Therefore. where development encroaches into existing plantlngs, we must consider the potential for trees to grow and thrive In a new environment as well as their structural stability. Where development will not occur, the normelllfe cycles of decline, structural failure and death should be allowed to continue_ Evaluation of suitability tor praservation considers several tactors: · Tree health Healthy, vigorous trees are better able to tolerate Impacts such as root injury. demolition of existing structures, changes in soli grade and moisture, and soil compaction than are non-vigorous trees. .. Structur"llntegrlty Trees with significant amounts of wood decay and othar structural defects that cannot be corrected are likely to fail. Such trees should not be preserved in areas where damage to peopia or property is likely. · Species Il'$ponse There is a wide variation in the rêSponse of individual species to construction impacts and chenges in the environment. Coast live oak has good construction. while valley oak has moderate tolerance to impaats. · Tree age and longevity Old trees, while having significant emotional and aesthetic appeal, have limited physiological capacity to adjust to an altered environment. Young treas are better able to generate new tissue and respond to change. ~'Y"(1)~ ID'f ",J . . e 3G¡fb \O'f Heritage Tree ProteclPlan, Brittany Drive, T. 4073. DUblin February 12, 2001 HortSclence, Inc. Page 5 e Each tree was rated for suitability for preservation based upon lis age. health, structural condliion and ability to safely coexist wlihin a d8llelopmant environment (see T,... Surv.y Form). A summary is provided in Table 2. TrIble 2: Suitability for Pre.ervatlon of Trees in Tract 5073. Good These are trees with good heaith and structural stability that have the potential for iongevlty at the site. Eight (8) traes were rated as having good suItability for preservation. Tree No. Speçies Plameter (in.) 335 Valiey oak 27, 23. 23 337 Valleycak 25.16 340 Coast IlIIe oak 40, 26 346 Valley oak 31 350 Valley oak 31 352 Valiey oak 28 353 Valley oak 19.18,15,13 354 Valiey oak 31 Moderate Treas in this catøgory heve lair healih and/or structural delects that may be abated with tr"atment. Trees in this category require morø intense management and monlioring, and may hllv", shorter IIfe- spans than those in the 'good" oategory. Eight (8) trees wara rated as having moderate suliabllity for preservation. Tree No. SpocJaB Diameter (in.) 29 4t 14,13,12,11.6 33 25 17 61 17,13 338 342 343 344 347 348 349 351 Valley oak Coast live oak Valley oak Valley oak Valley oak Valley oak Valley oak Valley oak e Low Trees In this category are In poor hea~h or have significant defe~ in struoture thet cannot be abated with treatment. These trees osn be expected to decline regardless 01 management. The species or Individual tree may possess either characteris,lIœ that are undesirable in landscape settings or be unsuited for use arl'as. Four (4) trees wl're rated as having low suliabillty for presarvatlon. Tree No. Specie. Plameter (in.) 2D 22 15 14 336 339 341 345 Valley oak Coast live oak Coast live oak Valley oak . 3L¿¡ % ,~ t Hertlage Tree Protec)Plan, Brtttany Drive. T. 4073, DUblin Febn.¡ary 12, 2001 HortScianca, Inc. PaQe 6 We oonslder tre$ with good suitability for preservation to be the best c:andldates for preservation. We do nct recommend retention of trees with low suitability for preservation in areas where people or structures will be present. Retention of trees with moderate suitability tor preservation depends upon the intensity of proposed site ohanges. Evaluation of Impacts and Aecommendations for Preservation Appropriate tree retention develops a practical match between the location and intensity of construction activities and the quality and health of treas. The Tme Survey Form was the reference point lor tree condition and quality. Potential impacts from construction were evaluated using the CompolOite Site F'lan (June 2000) and house layouts for Icts 1. 8 and 9 prepared by EDI Architecture, Inc. (received Feb. 12. 2001). Potential impaots from construction were assessed for each tree. The project has been deeigned to retain all trees. Normally we would not recommend retention of trees in poor condition. However, because this is a native stand of oaks and the trees in poor condition are downslope from the home areas, they can be retained. Only trees along the norlh canopy edge will ba impacted by construction. These include treas #335, 342, 340. 341, 345, 346 and 353. COI'1&truction will occur a minimum of 5' outside the driplines of all trees. Roots of oaks typically eXland for a long distance beyond the dripline. Construction of the homas on lots 1, 7, 8 and 9 will encroach Into the root area. However, we oonsider the enoroachment to be within the tolerance lavel of the adjacent trees. We expect no ob$ervable reduction In plant growth or health from the oonslruction. RII piaced outside the driplines yasrn ago when Brittany Drive was constructed has had no obsarvable effect. No impscts to the traes will occur downslope from the trunks. A TREE F'RO'I"EOTlON ;¡:ONE at the dripline5 of treas shall be estabii&hed. The Wildfire ManagElment Plan contains several requiraments that affect managemant 01 the trees: · Pruning is raquired to, "thin fo/lags. remove dead wood. raise tha fo/iaglJ one-foot above th.. ground, /ilnd sepsrat.. the crowns af the lraes." Implementation of these requiramants 1'1111 be directed by the Fire Marshall, project arbcrist and City's arborist. It Is unclear at this time how much pruning will be required to separate crowns of the trees because they exist in small groves of continuous canopy. Specifications for pruning will be provided following on-lilte consultation with the Fire Marshall. · "Ground under the Fire Rm;istive Heritage Tress shall be kept free of weeds and dead wood: Wead controls must be applied In a manner that will not harm trees. Pre-emergent herbicides and tilling are not acceptable methods of weed control. Post"emergent harbicides and hand-pulling weeds are allowable. · "An irrigated fuel break/greenbelt shall be Installed surrounding the Fire Resistive Heritage 7rl!les.' The ilTigated area must ·be designed to protect the native trees from excessive water and exclude trenching to lostall irri¡;¡atioo lines withio the TREE PROTECT'ON ;¡:ONE. The rock outcropping on lot 9 will be removed to construct the home.· To eliminate potential damage to trees on that lot we recommend retaining any rocks in place within 30' of the trunks. . e . 31~D IC<{ Heritage Tree Prote<- ! Plan, Brittany Drive, T. 4073, Dublin February 12., 2.001 HorlScience, InG. Page 7 e Tree Preservation Guidelines The goal of tree preservation is not merely tree survival during development but maintenance of tree health and beauty for many yea.rs. Trees retained on sites that are either subject to extensive injury during coostruct1on or are inadequately maintained become a liability rather than en ass&!. The respönse of individual trees will depend on the amount of excavation and grading, the care wtth which demolition is undertaken. and the construction methods. Coordinating any oonstruc'tlon activity Inside the Tree Protection Zone can minimize thesB impacts. The following recommendations will help reduce impacts to trees from development and maintain and improve their health and vkality through the clearing, grading and construction phases. Design recommendations 1. A TAeE PRoTeCTIoN ZONE shall be established at the driplinB 01 all trees. No grading, axcavatlon, construction or storage 01 materials shan occur within that zone. 2.. 3. . 4. 5. 6. All site development plans shall be reviewed by the Project ArbDrist for evaluation at impacts to trees and recommendations lor mitigation. Retain ths rock outcropping within 30' 01 trees #335 and 342. No underground services including utilities, sub-draÎns, weter or sewer shall be placed in the TREE PROTECTION ZONE. Tree Pna8ltrvetlon Notes. prepared by the Oonsulting Arborist, should be included on all construotion plans. Irrigation systems must be designed so that no trenching will occur within the TREe PROTECTION ZONE. Suriece water lrom irrigetion runoff must be direct&d away from oak trunks. 7. No landsoape improvements such as lighting, pavement, drainage or planting mey occur within the TREE PROTECTlOI'I ZONE that mey negatively allect the health or structural stability of the trees. B. As trees withdraw water from the soil, expansive soils may shrink within the root area. Therefore, foundations, footings and pavements on expansive soils near trees shoUld be designed to withstand differential dlsplaoement." Pre-construction treatments and racommendallons 1. Prune trees to be preserved to clean the crown and to provide l' clearance as required by the Wildfire Management Plan, and to clear the crown. All pruning shall be completed by a Certified Arborlst or Tree Worker and adhere to the Tree Pruning Guidelines of the International Society of Arboriculture. Specifications lor pruning shall be provida.d alter consultetlon with the Fire Marshall. Brush shall be chipped and spread beneath the trees within the TREE PROrEOTION ZONE. . 2.. Fence all trees to be retelned to completely enclose the TReE PROTECTION ZONE at the driplines as depicted on the Protection Fencing Plan (see Attachments). It " Hort$cience, Inc. Pege a Heritage Tree Pratec, /Plan, Brittany Drive, T. 4073, Dublin February 12. 2001 is not necessary to fence trees on the downhill side, away from all construction. Fences shall be e ft. chain link or equivalent as approved by consulting arboriet. Fences are to remain until all grading and construction is completed. Recommendation, for tree protection during constrvctlon 1. Prior to beginning worl<, the contractor is required to meet with the consultant at the site to review all work procedures. access routes, storage areas and tree protection measures. 2. No grading. construction, demolition or other work shall occur within the TREE PROTECTION ZONe. Any modifications must be approved by the City cf DubUn and monitored by the Consulting Arborist. 3. Spoil from trenoh, footing. utiiity or other excavation shall not be pia oed within the TReE PROTeCTION ZONE, neither temporarily nor permanently, 4. If Injury should occur to any tree during construction, It should be evaluated as soon as possible by the COnsulting Arborist so that appropriate treatments can be . applied. 5. No aXCêS& soli, chemicals, debris, equipment or other materials shall be dumped or stored within the TReE PROTECTION ZONE. 6. No trea pruning may be performed by construction peroonnel. Maintenance of impacted tree. Native oaks in prOJ<imity to homes require regular maintenance. It is recl;>mmended that the future homel;>wners be provided with e Guide tl;> Maintenance for Netive Oaks that describes the care naeded tl;> maintain tree health and structl.lral stability. Occasionel pruning. fertilization, mulch. and pest management may be required. In addltlcn, provisions for monitoring both tree health and structural stability must be made a priority. Aa trees age, the likelihood of failure of branches or entire trees Increases. Therefore, annl.lal inspection for he.zard potential Is reoommended. 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( ] Ö ñ'I a.. m ü ~ IlO .., "'æ ¡¡¡ E::;, ~ ~o: ~ "' E co => '" " '" "' "' OJ '" 'ë. .'" o o o o N >. :J ...., IL ¡,4'þ~ 'blOt Chapter 5.60 HERITAGE TREES e Sections: 5.60.010 Title. 5.60.020 Purpose and intent. 5.60.030 Applicability. 5.60.040 Definitions. 5.60.050 Tree removal permit required. 5.60.060 Tree removal permit procedure. 5.60.070 Appeals. 5.60.080 Protection of heritage trees during construction. 5.60_090 Protection plan required prior to issuance of permit. 5.60.100 Applicant to guarantee protection-Security deposit. 5.60.110 Public utilities. 5.60.120 Violation-Penalty. 5.60.010 Title. This chapter shall be known as "the Heritage Tree Ordinance." (Ord. 5-02 § 2 (part): Ord. 29-99 § 1 (part)) 5.60.020 Purpose and intent. This chapter is adopted because the city has many heritage trees, the preservation of which is beneficial to the health and welfare of the citizens of this city in order to enhance the scenic beauty, increase property values, encourage quality development. prevent soil erosion, protect against flood hazards and the risk of landslides, counteract pollution in the air, and maintain the climatic balance within the city. For these reasons the city finds it is in the public interest. convenience, necessity and welfare to establish regulations controlling the removal of and the preservation of heritage trees within the city. In establishing these regulations. it is the city's intent to preserve as many heritage trees as possible consistent with the reasonable use and enjoyment of private property. (Ord. 5-02 § 2 (part): Ord. 29-99 § 1 (part)) 5.60.030 Applicability. This chapter applies to all property within the city of Dublin. including private property, residential and nonresidential zones, developed and undeveloped land. (Ord. 5-02 § 2 (part): Ord. 29-99 § 1 (part)) e 5.60.040 Definitions. The following words and phrases, whenever used in this chapter, shall be as construed as defined in this section: tit ATTACHMENT 1- e "Certified or consulting arborist" means an arborist who is registered with the International Society of Arboriculture and approved by the Director. "City" means the city of Dublin. "Development" means any improvement of real property which requires the approval of zoning, subdivision, conditional use permits or site development review permits. "Director' means the Community Development Director or his or her designee. "Drip line" means a line drawn on the ground around a tree directly under its outermost branch tips and which identifies that location where rainwater tends to drop from the tree. "Effectively remove" includes, but is not limited to, any extreme pruning that is not consistent with standards arboriculture practices for a healthy heritage tree and that results in the tree's permanent disfigurement, destruction, or removal ordered by the city pursuant to Section 5.60.050(8)(2). "Heritage tree" means any of the following: 1. Any oak, bay, cypress, maple. redwood. buckeye and sycamore tree having a trunk or main stem of twenty-four (24) inches or more in diameter measured at four (4) feet six (6) inches above natural grade: 2. A tree required to be preserved as part of an approved development plan, zoning permit, use permit, site development review or subdivision map; 3. A tree required to be planted as a replacement for an unlawfully removed tree. "Protect" means the protection of an existing tree from damage and stress such that the tree is likely to survive and continue to grow normally in a healthy condition, through measures that avoid or minimize damage to branches, canopy, trunk and roots of the tree. Such measures may include, but are not limited to, installation of tree protective fencing, mulching and watering of roots, supervision of work by an arborist, installation of aeration or drainage systems, root. pruning, and use of nondestructive excavation techniques. "Remove" or "removal" means cutting a tree to the ground, extraction of a tree, or killing of a tree by spraying, girdling, or any other means. (Orc!. 5-02 § 2 (part): Ord. 29·99 § 1 (part)) e e 5.60.050 Tree removal permit required. A. No parson may remove, cause to be removed. or effectively remove any heritage tree from any property within the city of Dublin without obtaining a permit from the Director. S. Exceptions. A permit is not required for the following: 2 1~'Dl,/)"¡' 1. Removal of a heritage tree that presents an immediate hazard to life or property, with the approval of the Director, City Engineer, Police Chief, Fire Chief or their designee; 2. Removal that is specifically approved as part of a city- approved planned development development plan, conditional use permit, site development review, or subdivision map; 3. Pruning of heritage trees that conforms with the guidelines of the International Society of Arboriculture, Tree Pruning Guidelines, current edition, on file in the Community Development Department. C. Tree removal requested as part of the development of a property subject to zoning, subdivision, condltiona) use permit, or site development review application approval shall be reviewed and approved by the body having final authority over the entitlement application. (Ord. 5-02 § 2 (part): Ord. 29·99 § 1 (part» 5.60.060 Tree removal permit procedure. A. Any person wishing to remove one or more heritage trees shall apply to the Director for a permit. The application for a permit shall be made on forms provided by the Community Development Department and shall Include the following: 1. A drawing showing all existing trees and the location, type and size of all tree(s) proposed to be removed; 2. A brief statement of the reason for removal; 3. If the tree or trees are proposed for removal because of their condition, a certified arborist's determination of the state of health of the heritage trees may be required; 4. Written consent of the owner of record of the land on which the tree(s) are proposed to be removed; 5. A tree removal permit fee of twenty-five dollars ($25) to cover the cost of permit administration. An additional deposit may be required by the Director to retain a certmed arborist to assist the city in assessing the condition of the trees; 6. Other pertinent information as required by the Director. B. Tree removal requested in =njunction with an application for· any development entitlements shall provide to the Community Development Department a landscaping plan specifying the precise location, size. species and drip-line of all existing trees on or in the vicinity of the property. The landscape plan shall also show existing and proposed grades and the location of proposed and existing structures. C. The Director shall inspect the property and evaluate each application. In deciding whether to issue a permit. the Director shall base the decision on the following criteria: 1. The condition of the tree or trees with respect to health, imminent danger of falling, proximity to existing or proposed 3 l.-HC!b 10 f . e e l.f61ft) lD't e e structures and interference with utility services or public works projects; 2. The necessity to remove the tree or trees for reasonable development of the property; 3. The topography of the land and the effect of the removal of the tree on erosion, soil retention and diversion or increased flow of stream waters; 4. The number of trees existing in the neighborhood and the effect the removal would have upon shade, privacy impact. scenic beauty and the general welfare of the city as a whole. D. The Director shall render a decision regarding the permit within ten (10) working days after the receipt of a complete application. E. If an application to remove a heritage tree is being requested in conjunction with a development entitlement. then the decision on the tree removal permit shall be rendered simultaneously with the decision on. the development entitlement and shall be made by the body having final authority over the entitlement application. In deciding whether to approve a tree removal permit under this subsection, the reviewing body shall consider the criteria set forth in subsection C of this section. F. The Director may refer any application to any city department for review and recommendation. G. The Director or the reviewing body having final authority over the development may grant or deny the application or grant the application with conditions, including the condition that one (1) or more replacement trees be planted of a designated species, size and location. (Ord. 5-02 § 2 (part): Ord. 29-99 § 1 (part)) 5.60.070 Appeals. A. Any decision of the Director, pursuant to this chapter, may be appealed to the City Council. Appeals shall be in writing, shall be signed by the applicant, shall state the reasons the appeal Is made, and be filed with the City Clerk within fourteen (14) days of written notification of the decision by the Director. Any appeal shall be accompanied by an appeal fee in the amount established by resolution of the City Council. B. The City Cierk shall place all such appeals on the agenda of the next regular Council meeting and shall give the appeliant at least five (5) calendar days' notice of the time and place of said hearing. Appeals shall be conducted in accordance with the procedures set forth in Section 1.04.050 of this code. The decision of the City Council shall be final. (Ord. 5-02 § 2 (part): Ord. 29-99 § 1 (part)) e 5.60.080 Protection of heritage trees during construction. 4 (..{ /P aT, t C>f ..... All applicants for demolition, grading, or building permits on property containing one or more heritage trees shall prepare a tree protection plan pursuant to Section 5.60.090. (Ord. 5-02 § 2 (part): Ord. 29-99 § 1 (part)) e 5.60.090 Protection plan required prior to issuance of permit. A. A plan to protect heritage trees as described in Section 5.60.080 of this chapter shall be submitted to the Director prior to the issuance of demolition, grading or building permits. The plan shall ensure that the tree, including its root system, is adequately protected from potential harm during demolition, grading and construction that could cause damage to the heritage tree.. Such harm may include excavation and trenching, construction and chemical materials storage, stormwater runoff and erosion, and soil compaction. The plan shall be prepared and signed by a certified arborist and approved by the Director. The Director may refer the plan to a city-selected arborist for review and recommendation. The cost of this review shall be borne by the developer/applicant requesting said permit. B. The Director may require that a certified arborist be present on the project site during grading or other construction activity that may impact the health of the tree(s) to be preserved. C. Damage to any tree during construction shall be immediately reported to the Director so that proper treatment may be administered. The Director may refer to a city-selected arborist to determine the appropriate method of repair for any damage. The cost of any treatment or repair shall be borne by the developer/applicant responsible for the development of the project. Failure to notify the Director may result in the Issuance of a stop work order. D. The Director may waive the requirement for a tree protection plan if he or she determines that the grading or construction activity is minor in nature and that the proposed activity will not signif1cantly modify the ground area within or immediately surrounding the drip- line of the tree(s). (Ord. 5-02 § 2 (part): Ord. 29-99 § 1 (part)) e 5.60.100 Applicant to guarantee protection'-Security deposit. A. The applicant shall guarantee the protection of the existing tree(s) on the site not approved for removal through placement of a cash bond or other security deposit in the amount based upon the valuation of the trees acceptable to the Director. The Director may refer to a city-seiected arborist to estimate the value of the tree(s) in accordance with industry standards. B. The cash bond or other security shall be retained for a reasonable period of time following the acceptance of the public improvements for the development, not to exceed one (1) year. The . 5 e cash bond or security is to be released upon the satisfaction of the Director that the tree(s) to be preserved have not been endangered. The cash bond or security deposit shall be forfeited as a civil penalty for any unauthorized removal or destruction of a heritage tree. (Ord. 5·02 § 2 (part): Ord. 29-99 § 1 (part)) 5,60.110 Public utilities. Any public utility installing or maintaining any overhead wires or underground pipes or conduits in the vicinity of a heritage tree shall obtain permission from the Director before performing any work which may cause injury to the heritage tree. The Director shall provide all water, sewer, electrical and gas utilities operating within the city with a copy of this chapter. (Ord. 5-02 § 2 (part): Ord. 29·99 § 1 (part)) . 5.60.120 Violation-Penalty. A. Any person who unlawfully removes, destroys or damages a heritage tree shall pay a civil penalty equal to twice the amount of the appraised value of the tree. A city.selected arborist shall estimate the replacement value of the lost tree(s) in accordance with industry standards. The penalty shall include the city's costs incurred in performing the appraisal. B. Any person violating any portion of this chapter that results in the loss of a heritage tree. shall be required to replace said tree with a new tree and/or additional plantings, of the same species. The Director shall determine the size and location of replacement tree(s). The Director may refer to the recommendation of a city- selected arborist. (Ord. 5-02 § 2 (part): Ord. 29-99 § 1 (part)) . 6 :...rI% ID+ 1i<Þ Ð"O \ D--r RESOLUTION NO. 127·04 A RESOLUTION OF THE CITY COUNcn.. OF THE CITY OF DUBLIN . * * * * . . * * . . * . * * . * * * . - . . ~ . * . * . * ~ . * . . . * * * . GRANTING THE APPEAL IN PART AND AFFIRMING IN PART THE DECISION OF THE PLANNING COMMISSION GRANTING A SITE DEVELOPMENT REVIEW FOR A SINGLE- FAMILY RESIDENCE ON AN EXISTING LOT (LOT 1) AT 11299 ROLLING HILLS DRIVE WHEREAS, Alexander Loukianoff has requested approval of a Site Development Review fur a single family home on an existing lot at 11299 Rolling Hills Drive; and WHEREAS, a completed application for Site Development Review is available IU1d on file in the Dublin Planning Department; and WHEREAS, the environmental hnpacts of this project were addressed under the Negative Declaration prepared for the PA 85-035 Hatfield Development Corporation planned Development Rezone, Annexation and Site Development Review of which the subject lots were a part. The Negative Declaration was prepared in accordance with the California Environmental Quality Act (CEQA), State CEQA Guidelines and the City of Dublin Environmental Guidelines. WHEREAS, a Site Development Review is required for tlús project by Conditions 4 IU1d 12 of . City Council Resolution 82·85 approving PA 85-035.3, Hatfield Development Corpora.tîon Investec, Inc.; and WHEREAS, the project is consistent in all respects with the Heritage Tree Ordinance; and WHEREAS, the project is consistent in all respects with Dublin General Plan and Zoning Ordinance; IU1d WHEREAS, the project is consistent in all respects with the conditions of approval of City Council Reso1uiioD 82-85; and WHEREAS, the Planning Commission did hold a public hearing on said application on May 11, 2004; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, City of Dublin Council Member McCormick has filed a timely appeal of the decision of the Planning Commission to the City Council; and WHEREAS, the City Council did hold a public hearing in consideration of the appeal on June 15, 2004; and WHEREAS. proper notice of said public hearing was given in all reSpectS as required by laW; and tit WHEREAS, the Staff Report was subnñtted reconunendïng that the City Council make a . determination based on the provisions of the Appeal Chapter of the Zoning Ordi1fTÃCH M ENT 5' /-¥j"D lÐ 4 _ WHEREAS, the City Council did hear and consider all said reports, recommenda.tions, and ., testimony hereinabove set forth and used their independent judgment to make a decision; and NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby make the fonowing findings and determinations regarding said proposed Site Development Review: A The approval of this application (fA 03-040) is consistent with the intentlpurppse of Section 8.104 (Site Development Review) of the Zoning Ordinmce. B. The approval of this application, as conditioned, complies with the policies of the General Plan, the Zoning Ordinance, the Heritage Tree Ordinance and City Council Resolution 82- 85. C. The approval will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and general welfare because all applicàble regulàtiOns will have been met. D. Impacts to views have been addressed by sensitive design and siting of the proposed single- family residence. E. Impacts to existing slopes and topographic features are addressed in the project through the use of pier and grade beams and by minimal grading. e F. The approval of this application, as conditioned, is in conformance with regional transportation plans. G. The approval of this application, as conditioned, is in the best interests of the public health, safety and general welfare as the development is consistent with aJIlaws and ordinances and implements the requirements of the General Plan, the Zoning Ordinance, the Heritage Tree OrdinanCe and City Council ReSOlutiOD 82-85, H. The proposed physical site development, including the intensity of development, site layout, grading, vehicu1ar access, circulation and parking, setbacks, height, walls, public safety and similar elements, as conditioned, have beeD designed to provide a desirable environment for the development. I. Architectura! considerations" including the character, scale and quality of the design, the architectural relationship with tbe $Îte and, building materials and colors, screening of exterior appurtenances, exterior lighting and similar elements have been incorporated into the project and àS conditions of approval in order to insure compatibility of this project with the existing character of surrounding development. J. Landscape considerations, including the locations, type, size, color, texture and coverage of plant materials, provisions and similar elements hàve been considered to insure visual relief and an attractive environment for the public. . 2 SDl1blD"+ NOW, THEREFORE BE IT FURTHER RESOLVED THAT THE Dublin City Council hereby grants the appeal, in part, and affirms, in part, the May 11, 2004, decision of the Planning Commission approving the Site Development Review of P A 03-040, LouJdanoff Residence. City of Dublin City Council hereby conditionaßy approves the Site Development Review Application for P A 03-040 to construct a single family residence on Lot 1 of Block 1 Tract 5073 and further identified as Assessors Parcel Number 9412775-030, and as generally depicted by materials 1a.beled Attaclunent 2, stamped "approved" and on file in the City of Dublin Planmng Department. This approval shall conform to the project Jlans subnútted by Nickolas A LoukiàDOff; P.E., the Heritage Tree Protection Plan, unless modifie herein for this project dated received December 4, 2000, and the report by Joosph McNeil, consulting arborist dated January 12, 2004, on file in the Department of Community Development, unless modified by the Conditions of Approval contained below. e CONDITIONS OF APPROVAL Unless otherwise stated all Conditions of Approval shall be complied with Drior to final OCCUDAn<:;y of any buildilllumd shall be suIVect to Planning Department review And approval The followinll codes renresent those depanmentslaaencies resDonsible for monitoring comoliance with the Conditions of Aooroval: IPLl Plannin2 r;BJ Buildinll fPOl Police IPW1 Public Works. (ADMl Administràtioo/Citv Attornev. I'FIN] Finance. rpCSl P!Uks and Community Services. I'Fl Alameda County Fire Dc:¡pt.. IDSRl Dublin San Ramon Services Di\!lrict. rcoJ Alameda County Flood Control and water Conservation District Zone 7. GENERAL CONDITIONS 1. Term. Punuant to Section 8.96.020(D) (as amended) of the Zoning Ordinance, construction shall commence within one (1) year of Site Development Review approval, or the Site Development . Review approval shall lapse and become null and void. Commencement of construction means the actual construction pursuant to the Site Development Review approval, or, demonstrating substantial progress toward commencing such construction. The original approving decision-maker may, upon the Applicant's written request for an extension of approval prior to expiration, and upon the determination that any Conditions of Approval remain adequate to assure that applicable findings of àpproval will continue to be met, grant a time extension of approval for a period not to exceed 6 months. All time extension requests shall be noticed and a public hearing or public meeting shall be held as required by the particular Permit. Responsible Agency: PL Required By: On-goiug 2. Re10ate Residence. The residence shall be relocated to the south to avoid the drip1ine of the existing Valley Oak, Tree No. 353, subject to the review and approval by the Director of CoIIlll1llIlÎty Development. Prior to pouring the foundation, the Applicant shall prepare and submit a stàking p\a.n, which illustrates the location of the residence, subject to the review and approval by the Director of Community Development_ The Applicant shaI1 place the stakes on site, pursuant to the approved staking plan. Responsible Agency: Required By: PL Prior to Bulldioe: Pernùt e 3 e . . GltibLÐr.f 3. Relocate Easement. The existing Cornmon Area Storm Drain Easement shall be relocated or eliminated to eliminate any conflicts with the revised location of the residence. The Applicant shall provide evidence the Easement has been relocated, subject to the review and approval by the Director of Community Development. In the event that the Easement holder does not agree to either relocate or relinquish its rights to the easement, Condition of Approval two and three above shall not be in effect. To demonstrate the inability of the Applicant to relocate the Easement, the Applicant shall provide a letter written by the representative of the easement holder stating its inability or unwillingness to relocate the easement. The Director of Community Development shall review and approve the form and content of the letter. Additionally, if the Applicant îs UIL'lble to obtain the relinquishment or relocation of the Easement, Condition 79 shall be revised to increase the duration of the cash bond ft'om one year to three years. Rnponslble Agency: When Required: Planning Prior to Building Pennlt 4. Feea. Applicant/Dewloper shall pay aU applicable fees in effect at the time of building pcnnit issuance, including, but not limited to, BuildiDg fees, Dublin San Ramon Services District Fees, Public Facilities Fees, Dublin Unified School District School Impact fees, City Fire Impact fees; Alameda COWIty F100d and Water Conservation District (Zonc 7) Drainage and Water Connection fees; and any otber fees as applicable_ Responsible Agency: Various When Required: Various times, but no later than Issuance of Building Pennlts 5, RevocatiOD_ The SDR will be revocable for cause in accordance with Section 8.96.020.1 of the Dublin Zoning Ordinance. Any violation of the terms or conditions oftJri:; approval sbaH be subject to citation. RapllWlible Agency: PL Reqllired By: On-¡¡oing 6. Required Permits. Applicant/Developer sbaH comply with the City of Dublin Zoning Ordinance and obtain aU nccesSIU'y pennits required by other agencies (Alameda Cmmty Flood Control District Zone 7, California DeparIß\eI1t of Fish and Game, Army Corps of Engineers, Regional Water Quality Control Board, State Water Quality Control Board, Etc.) and shall submit copies of the pmnits to the Departmeot of Public Wmb. Re5ponslble Agency: When Required: Varlou$ VariODS times, but PO later than Issuance of Buildiu; Permits 7. Buildiur: Codes and OrdiuanC6!l. All project oonstruction shall confoun to all bwldiDg codes and ørdiwwces in effect at the time of building permit. Responsible Agency: Bldg.' When Required: . Throup Completion 8. Complianee. ApplicantlDevelopo:r sball comply with the City of Dublin Zoning Ordinanœ, City Council Resolution 82-85, the Tree Protection Plan fur this project, the 7 h"....uv..""rlortions listed in the page 4 and 5 oftbe January 12, 2004, report by Joseph McNeil, consulting arborist, and the additional (3) tree protŒtion recoounenda1ions listed by the February 2, 2004 report by Michael Santos. Re5POnslble Agancy: PL When Required: Issuance of Building Permits and On-golng 4 ¡;'",'7 ¡(,., 10 LJ.. ...-1.'" v ì 9. Solid WutelReeycliø;. AppliœøtlDeveloper shall c:omply with the City's solid waste: tnanagcnuIIrt and recycling .requireølenrs. RespOllsible Apcy: Dldll. .. When ReqlÚred: On-goini .- 10. Water QualitylBest Mana;ement Practices. Pursuant to the Alameda Countywide National poliuticrn Dischar¡es Eliroination Permit (NPDES) No. CAS0029831 with the California Regioœ1 Water Quality Control Board (RWQCB), the ApplicantlDeveloper shall design and opcmte the site in a manner CDDSisteot with the Start at the Soorce publication, and according to Best Management Practices to IIlÎ11im.ize storm water polluticm. Responsible A¡eucy: PW, PL Required By: Issuance of Grading Permit 11_ Hold HannlessllndemDifltatioß. ApplicantJDevelopc:r sball defènd, indemnify, and hold harmless the City of Dublin and its agents, officers, and employees from any claim, action, or pro¡o.....!i'lg against the City of Dublin or its agents, officer'll, or employees to attack, set aside, void. or aunul aD approval of the City of Dublin ar its advisory agency, appeal board, Planning Commission. City Council, Director of Community Developmeut, pl'lnn;ng Manager, or any other dep¡u1ment, OOlD!I1Îttee, or agency of the City the Site Develuþ1llcnt Review to the extent such actions are brought witbi.u the time period required by Govenm1ent Code Section 66499.37 or other applicable law; provided, however, that the ApplicantlDeveloper's duty to so defend. indemnify, and hold harmless shall be subject to the City's prompt1y notifying the ApplieaDtlDeveloper of any SIÛd cJaim, action, or p~il1g and the City's full eooperatian in the defense of such actions or ~ings, Responsible Agency: PW, PL Required By: On-going e DRAINAGE/GRADING 12. GradinglSitework Permit. The applicant shall obtain a Grading I SitcwoIk Permit from the Public Works I>eparttnmt for site grading and improvements. Said pcnnit will be based on the final set of improvement' plans to be approved once all of the plan check commenu ba.ve been resolved. Plnse refer to the bandout titled Grading/Site Impravemenf Permit Application Instrwt/ons and attached çplication (three 8-1/2" x II" pages) for mOl'C infonnaticrn. The ApplicantlDeveloper IIlU$I fill in and return the applicant information contained on pages 2 and 3. The current cost of the permit is $10.00 due at the time of permit issuance. although the ApplicantlDeveloper will be responsible for any adopted increases to the fee amount. Responsible Atenc:y: PW Reqlûred By: Grading Pennit n. Encroachment Pennit: The: applicant shall obtain an Eneroachrnent Permit fiurn the Public Works Department for any WOŒ within the public street rights ofway. Respoßllble agency: Public Works When required: prior to any construction witbID the street rights of way 14. Retaining Walls: Reœining walls with exposed heights O>'~i'1g 3' or with surcharged loads installed on the property shall be construeted pursuant to a Building Permit obtained :&om the Building Division. Reta.iDing walls sbal1 be designed to support all known surcharges. (At any future point that /I new surcharge is added to an existing retùning wall, the wall shall be re-reviewed for the additiona1loads. Responsible Aaeucy: Bldg. Required By: Prior to start of construction of any ",h.in~R waIls. e 5 f:??lfO ['Dlf e IS. Dublin SIII1 Ramon Service Dil!trict (DSRSD) hrmit: The applicant shall obtain a coDStnlct:ion permit ftom "the DSRSD for all water and !I8I1itary _ improvemonts. Responsible a¡:eney: DSRSD When required: prior to tonsb11diou of slU1Ît.ry sewer and water Improvements. tit ) 6. Gradina, Drainalt and Improvement Plan: The applicant shall prepare a Site Grading, Drainage and Improvement Plan for review and approval of the Public Works Director. All improvement and gradin¡ plans submitted to the Public Wom Departmmrt for ~/apprOva1 shall be prepared in acoordance with these Condttions of Approval, and with the City of Dublin Municipal Cock ÏI1l"nrli118 Chapter 7.16 (GTading Ordinaocc). The Plan shall include all a minimum the foUov.iI!g information; a. Existing topography including ground contours at one-foot intervals extending a minimum. 10 feet beyond them property limits, and "the location of the existing tree trunks and drip lines, b. The location of existing improvements including fences and stJeOt fi'ontagc improvements, c. Location and elevation of oxisting and any proposed cbangœ tn the water, sanitary sewer, gas. eleçUic and CA 1V services tn the lot, d. The location of all proposed improvements includin¡ the house footprint, decks. patios, retaining walls, pathways and driveways, e. Proposed grading inoluding f. LinUts of cut and fill area. g. Finish floor elevations. h. Sufficient finish surface elevations on all pavemmrts tn show slope and drainage, i. Top, toe and slope of all banks, j. Top, bottom and height of all retaining walls, k. Quantities of cut and fill, 1. Proposed dminage improvement including: .. Location and type of aIi inlets ii. Elevations of grate and pipe inverts at all :ttonn drain structures iii. Stnrm drain pipes aim, slope aDd material. .v. Location and detail for the outlet cfu .ipatc>r v. Direction of surface flow, vi, Construction notes, sections and details as required, vii. Location and elevation for the benchmark tn be œ.,d for canstrnction, viii. Signature blocks for the Public Works Director, Qeoteobl';",, 'Pngin....". and the DSRSD. Responsible aKaley: Public Worb Whm required: prior to Gradinfl / Sitework Pennit 17. Erosion Control durin ! CoDStntc:tÎon. ApplicantlDeveloper shall include an Erosion and Sediment Cœ.IIrol Plan with the Grading and Improvanent plans for review and approval by the City En¡ineerlPublic Works DireCtOr. Said plan sbaJ1 be designed, implemented, and oontinually maintained pursuant tn the City's NPDES permit between Oclober I" and April 15'" or beyond these daíes if dictated by rainy weather, or as otherwise directed by the City EogineerlPublic Works Director. Responsible agency: Public Works When required: prio.. to GUdiDg I Sitework Permit e 18. DSRSD Signature: The Grading, Drainage snd hnprowmart Plan shall be signed by DSRSD approving the sanitary sewer snd water facilities. DSRSD will require all fees snd agreements to be completed prior to signing. Responsible aaeney: When required: Public Works prior to Grading I Sitework hrmit or Buildina Permit 6 64utlDI.f UTILITIES 19. Utilities: The appücant shall provide all utility services to the site underground, including but not limited to electricity, tclephone, cable television, water, sewer and other required utility services in a.ccordance with the requirements and speeificatÎOll!l of each utility cœnpany. Responsible agency: Public: Works When required; Prior to BulldiD& Permit e CONSTRUCTION 20. ConstrudioD Houn. Standard construction and grading hours shall be limited to weekdays (Monday through Friday) and non-City holidays between the hours o£1:30 a.m. and 6:00 p.m. The ApplicantlDeveIoper may request reasonable modifications to such detemñned days RDd hours, taking into account the seasons, impacts on neighb~ properties, and other appropriate factors, by submitting a request form to the City EnginccrlPublic Works Director. For work on Saturdays and Sundays, said request shall be submitted no later thRD 5:00 p.m. the prior Wednesday. Overtime inspection rates will apply for all after-hours, Saturday, Sunday, and/or holiday work RespoDsible agency: . When required: Public Works durin& constru.moD 21. Dust Control: The contraotor is responsible for preventing dust problems from the site by W3tering graded areas or other palliative measures as conditions warrant or as directed by the Public Works Director. Responsible a;ency: Public Works Wben required: duriDg construction tit 22. Noise Control: Construction. shall be conducted in a ßIU\I\Ct to minimize the irnpacæ on the existing community which shall include as a !DÎnÌI:uun1 the following; I. All co.nsUuctioo equipment shall be fitted with noise It!Uffling devices, b. Construction equipment shall D~ be left idling while not in use, c_ Radios and loudspeakers shall not be used outside of the buiJdmg. Responaible agency: Public Works When required; durina col\ltJ'uction 23. Trlllh and Debris Control: Measures shall be taken to contain all construction related tm..'Ih, debris, and møterials on site until disposal off-site. The contm<:tor shall keep the adjoining public streets and properties free and clean ofproject dirt, trash and construction matcriaJJ¡. Responsible -zency: Public W orlll When required: durina col\ltJ'uctiou 24. COIDtrum"n Fence: The applicant shall install a temporary fencelbarrier across the rear yard approximately 10 feet beyond the limits of grading. The fencc/barrier shall be placed in such a manner to restrict construction activities, rnateria1 storage, trash, and debris from going down slope of the construction area. Responsible a;em:y: When required: Public Works during COnstmctiOD 25 _ DlUDaged Improvements: The applicant shall repair to the satisfaction of the Public Works DircctDr all tit damaged street curb, gutter, sidewalk and pavement ou the lot fÌ'oIItage. ResPODSible agency: Public Works When required: prior to oecupancy 7 e c; ,;' db 10 t 26. Preliminary Tide Report. .The applicant shall submit a recent Preliminary Title Report for the property for City reference. during the plan-check. Responsible Agency: PW When Required: Ongoing 27. Existing Common Area Storm Drain Easemeut (CASDE), The applicant sha\1 install a 12"- diameter reinforced concrete stonn drain pipe along the centerline of the existing CASDE the encumbers the site ftom the edge of the proposed concrete driveway to the edge of the proposed retaining wall to acconunodate any existing or future Silvergate Homeowner's Association stonn discharges. Since the existing CASDE contains. an angle point within a proposed fill uta, the applicant shall either install a junction structure (manhole) at the angle point. or shall relocate the wall towards the top of the hill slightly to avoid the angle point. The final desígn of the concrete storm drain pipe shall be subject to review and approval by the Director of Public Works. Responsible Agency: PW When Required: Ongoing 28. The Lot Dimensions. All property lines shall be dímensioned on the plans with both bearings and distances iTom the recorded final map. Responsible Agency: PW When Required: ODaøin& . 29. Grading. Contour lines on the plàDS shall match the original ground suñace elevatiollB ftom the Tract 5073 grading plan. No graded slopes shall be steeper than 2: 1. Cut and :fill quantities shall be shown on the Grading Plan. Responsible Agency: WbeR Required: PW Ongoing 30. Dnúnage. Concentrated stann flows ftom the ptoposed 4"0 pve pípe that will drain the driveway and !Tom rain water leaders that will drain the roof and site improvements shall not discharge at or near the top-of-slope- Instead, concentrated flows shall be collected in a pipe network that discharges through an energy dissípater as near as possible to the down slope property line. Appropriate details shall be added to the plans to address this issue. Responsible Ageucy: PW When Required: Ongoing 31. Geotechnical Report. The applicant shall have a síte-specific geotechnical report prepared that addresses grading. drainage, slope stabílity, landslide potential, and foundation recommendations. All recommendation:> of the report sha.ll be incorpOtàted into the design of the house and site ímprovements. All grading, retaining walls and foundation work shall be performed in accordance with the recommendations contained in the Geotechnical Report prepared for the site. The respol1lible geotechnical engineer shall sign II statement on the Gradíng, Drainage and Improvement Plan that all proposed grading, drainage and retaining walls conforms to the reconunendlltions contained in the Geotechnical Report. Responsible Agency: BLDG Wben Required: Onping e B l;lD CJb 10 "f 32. Automatic Fire Sprinkler System. Automatic Fire Sprinkler Systems shall be required in all buildings that are adjacent to Open Space or Undeveloped Land. The installation of the Automatic' e Fire Spritikler System shall be in accordance with approved City standards Responsible Agency: BLDG When Required: Prior to issuance of buildin¡ permit and Ongoing PARKS 33. Public Fadllties Fee. ApplicantlDeveloper shall pay a Public Facilities Fee in the amounts and at the times set forth in City of Dublin Resolution No. 195-99, or in the amounts and at the times set forth in any resolution revising the amount ofthe Public Facilities Fee. Respons/Þ/9 Agency: PCS RequlÆld By: As indicated in Condition of Approval ARCHITECTURE 34. Enerior lighting. Exterior lighting shall be of a design and placement so as not to cause glare onto adjoining properties. Lighting used after daylight hours shall be minimized to piovide for security needs only. Responsible AgeDcy: Required By: PL Ongoing 35. FeDcing and Retaining WaIls. The design, location and materials of ail fencing and retaining . walls shall be subject to review and approval by the Community Development Director. Responsible Agency: PL. When Required: Prior to approval of Final Landscaping ød hrigation PlallJl. 36. IDcrease in beigbt of residences probiblted. The increase in heisllt of the residence proposed with this project beyond that approved by the City with this application is prohibited. RespollSible Aaency: PL Required By: Ongoinll LANDSCAPING 37. F'maI Ledsc.pina and lniptioD Plan. ApplicantlDeveloper shall submit a Final Laudscapingand Irrigation Plan, COIIfurming to 1he requirements of Section 8.72.030 of the Zooing Ordinance (unless otherwise required by this Resolution) and. the various tree proteotÎon requirements, stamped and approved by the Director of Public Works and the Director of Community Development. The plait should generally confom¡ to the 'anri""aping plan shown 0II1he Site Development RevitIW, RespoDSible Aaency: PL lùquired By: Prior to buiIdina perøût 38. Wildfire Mana~nt Plan. The Final Landscaping and Irrigation Plan shall be in accordance with the City ofDub1in Wildfire Management Plan. RespolISible Agency: F Required By: Prior to building permit . 9 e e e ;:':·l,Je I'D '-1-' :..-' '0 ' 39. Llllldscape lll$talllnion. Prior to final occupancy approval, all requmd landsœpitlg and irrigation, !!hall be installed. RespolI$ible Agency: PL, B Req'llired By: Prior to occupancy 40. Drought-tolerant and/or native species. The landscape design and construction shall emphasize drought- tolerant andfOT native species wbcrcvcr possible. RespoDlible Agency: PL Required By: Prior to occupancy POLIce SECURITY' 41. ResideDti.al Security Requirements. The developmCl1t shall comply with the City of Dublin Residential Security RçiremcntS. security hardware must be provided for all doors, windows, roof, vents, and skylights and any other areas per Dublin Police Serv:iccs recommendatioM and requirements. At the be¡ilming ofihe constructiOll. an address sigu of adeq1Iate size and color shall be posted 0Il1litz:. Additionally, during construction security measures shall be taken to secure equipment and materials, inclw1iDg barricades, locking boxes, and C(JDtact information. Responsible Alency: B, PO Required By: Prior tn Occupancy of first residence FIRE PROTECTION 42. Applicable replatioDIIlllld requiremems. The ApplicantlProperty Owner sball comply with all applicable regulatioos and requiremel1t$ of the Alameda County Fire DepartmeDt (ACFD), iDeluding pay¡nent of all appropriate fees. Responsible Aiency: F Required By: Prior to iSSll8llce or Bull ding Pel1llÍtll 43. Because the exterior walls are over 150 feet from the public road, the driveway shall be a minimwn 14 ft wide cmcrgc:ncy vehicle access road desigoed to hold the weight of fire apparatUS (63,000 pounds with a 40,000 Ib mde weight). RespoWiible Ageney: F Required By: Prior to ismance of Building Pennits 44. F1re Flow. Provide a letter from Dublin San Ramon Services District stating what the available fire flow is at the site. A copy of the letter shall be submitted to our office. Show the location of the two closest fire hydrants on a site plan. Responsible Agency: F Required By: Prior to iuuance ofBuildÎPi Pennits 45.' Fire SlÚety during cøustruction. The fullowing is appliœble during the eonstructiou pbase~ a. The combustibles on the site sbaIl be removed prior to start of construction. b. Article 87 of the Fire c.ode shall be followed com:erning fire safety during the oonmuction, demolitiOll or repair, arul the following requi1elDents shall be provided to the project lIII!IIager and job contraCtOr who shall notify all employees aDd sub-contrad:OJ:S of the requirenœnts, C. Access roads shall be installed prior to building/site construction oecurring. d.. Wakr supply shall be installed and iu-service prior to buildiDg/site construction occurring. e. Access roads, tumarounds, pullouts, and fire opera1ion areas and fire water supplies shall be maintain'" clear and free of obstructions, inclmliDg parking. These areas are required fire lanes and shall be passabl, fire equipment at all times. 10 5't.ttb lD 'f' f. A means to contact emergency services and a. minimum of one 4A 20BC fire extinguisher shall b, provided at the job site. S Hot work activities such as welding, cutting, toreÏWS, IIIId flame producing openItions shall be in accorœe with the Fire code. h. All construction equipmemt/Inacliine/liMces with internal combustion eugines shall be equipped wit! approved sparl< arrestors while operating in this project area. Responsible Agency: F Required By: Prior to delivery of any combustible material 46. Smoke Det\':l:tun. Resirl-ml smoke lid.. I.". sball be insQd1ed as æquired by Cø.tifumìa BuDding Code seetion 31O.9J. Smoke ~ &ball teeeiw their prinJary power from bui1ding wiring with battery backup, sball be ~ so that, when activated, sound an aJmm audible in all sleeping an:as, and &ball be located in every _ir1g ~ aæa leaåiDg to sleepins areas, and 00 evmy story. A geaeral ooW ohaIl be added indiœting compJianœ with ;...........ccrion requirement>;. Wrilttn certffil'Mi..... is sumnitt..n ~ '!he Fire Depanmeut that all smoIœ dett:cton; are locaU!d no closer than thn:e fuct from any supply register ofthc IN AC ~ aDd OIIISide thc airlIow of aIIlN AC registers prior to oœupancy. Show smoke detectorII j¡¡ the hallways giving açœss to sleeping rooms and j¡¡ rooms open to the hallway that bave a œiliog height 24 inches or above the baI1way. Responsible Allftlcy: F Required By: Priur tu is$\1&Dœ of Building Permits 47. Unifonn Building and Fire Cudeo.. 'The project shall comply with Uniform Building and Fire Codes as adopted by the City of Dublin. Responsible Agency: F Required By: Priur to ¡".uance of Building Pennit. 48. Sprinkler System. Provide a IIOte on the drawiDg showing that the building is provided with a sprink1er . system. as fuUows: a. The sprinkler system shall be designed and installed in compliance with N.F.P.A. 13D. b. Contact the Fire Department at least 48 bours in advance fur required underground itœpcctions and hydrosllltic test of all system components. c. The sprinkler system shall be mooitored by a central station monitoring as rIJoÆin...n in N.F.PA Standard No. 72. (Required by the HI'ritage Tree Ordinance). d. Submit dNiled shop drawings of all sprinkler modifications to the Fire Dcpar1ment for appt(1Val and permit prior to insta.I1a.tion. Responsible Allftlcy: F Required By: Prior to issu8Dœ of Building Pennits 49. The home shall comply the Herita;e Trees Onlinance ... rouo",s: a. Clearly show which tress are heritage trees on the aite plan. 'Show the drip lines of the trees on the plan. b _ The exterior wall sb.aII be one hour mted OIl the side :&ciDg the open space and thc two aIljucent sides. c. The windows shall be dual pane tempered on the aide fiu::ing the open space and the two adjacent sidcø . d. The structural members in the under floor areas shall be one hour rated. e. The automatic sprink1er system shall be monitored by a UL certified 00Jrtml station company. f. The home shall be provided with an automatic sprinlder aystem. g. The roof covering shall be class A. h. The underside of the eaws shall be one hour rated. e I, The exterior waIl shall be one hour rated on the side fiu::ing the open space. j. The exterior doors shall be non-combustible or solid core 1 Y. inch thick. 11 tit tit e 6q% liì '-f k. Attic vc:nts or other veÐt openings shall not ex.ceed 144 sq. in. and covered with ll(IIl-combustible corrosion rœistant mesh with opel1ÎDgs not to cx.ceed Yo inch. \. Comply with the vegetation guidelines. This requires that an area of non-combustible nmtc:ria.ls flowers plants coocrete gmvel or soil be maintained around the bouse. Responsible A¡ency: F Required By: Prior to isslWlu of Building PenøiU and Ongoing 50. Water supply. Water supply shall be adequate to support required fire flow. Responsible Agency: F Required By: Prior to issuance of Building Permits DSRSD 51. Prior to issuance of any building pennit, oompleto ÎmprovtllDcnt plans shall be submitted to DSRSD that confonn to the nquirmnents of the Dublin Sm Ramon Scrvicœ District Code, the DSRSD "Standard Procedures, SpecificatiODB and DraWÎIIgS for Design and Jnsta1Iation of Water and WasteWater Facilities", all applicable DSRSD Master Plam and all DSRSD policies. Prior to the issuance of a building pemút, all uti1ity COID1CCtÌon fees, plan check fees, inspection fees, permit fees and fees associated with a wastewater discharge pcrnùt shall be paid to DSRSD in accordance with the tates and schedules established in the DSRSD Code. RelpoDlible Agency: DSRSD. Required By: Prior to isSUIlDCe of Building Permits 52. Sewers shall be designed to operate by gravity flow to DSRSD'II existing sanitary sewer symem. Pumping of sewerage is discouraged and may only bc allowed under extreme circumstances following a Cll8e by case review with DSRSD staff. Any pumping station will require specific review and approval by DSRSD of preliminary design reports, demsn criteria, and finaI plans and speciñcations. The DSRSD reserves the right to require payment of present worth 20 year maintenance collts 118 well as other conditions within a aepàtate agreement with the applicant for any proj ect that requires a pumping station. Responsible Agenc:y: DSRSD. Required By: Ongoing 53. Prior to the issuanc<:> of a building pcnnÎt, all improvement p~ for DSRSD fàcilities shall be signed by the District Engineer. Each drawing of improvemmrt plam shall contain a signature block for the Di!ltrict Engineer iDdicating approval of the sanitary sower or wamr facilities shown. Prior to approval by the District Engineer, the Applicant sha1I pay all required DSRSD fees, and provide an engineer's estimate of coDStnlctian costs for the sewer and water systems. a performance bond, a one-year maintenance bond, and a comprebensive geooralliability insurance policy in the amounts and fonns that are aœeptable to DSRSD. The Appliœut ahall allow at least l' woricing days for final ilDprovement chawing nwiew by DSRSD before signature by the District Engineer. Responsible Agency: DSRSD. Required By: Prior to issuance of Building Permits 54. No sewer line or water line construction shal1 be permitted unless the proper utility construction permit has been issued by DSRSD. A construction permit will only be issued after all of the items in the condition immediately before this one have been satisfied. Responsible Agency: DSRSD. Required By: Ongoing 12 1;Q'b)o4- 55. The ApplicantIProperty Owner shal1 hold DSRSD, its Board of Directors, commissions, employees, _ and agents of DSRSD harmless and indemnify and defend the same itom any litigàtion, claims, or . fines resulting fì'om completion ofthe project. Responsible Agency: DSRSD. Required By: Ongoing 56. The Applicant!Property Owner shall obtain a limited construction pennit from the DSRSD prior to commencement of any work, Responsible Agency: DSRSD. Required By: Prior to commencement of aoy work 57. Construction by ApplicaotIDeveloper. All ooSÎte potable and recycled water and wastewater pipelines and facilities shall be constructed by the ApplicantIDeveloper in accordance with all DSRSD IlUllrter plans, standards, speci:ficatioll!l and requirements. Responsible Ageney: DSRSD. Required By: Completion or Improvements 58. DSRSD Water FacUlties. Water facilities must be connected to the DSRSD or other approved water system, and must be installed at the expense of ApplicantJDeveloper in accordance with District Standards and Specifications. All material and workmanship for water mains and appurtenances thereto must conform with all of the requirements of the officially adopted Water Code of the District and shall be subject to field inspection by the District. Responsible Ageucy; DSRSD. _ Required By: Completion of Improvements . 59. The applicant sha1l coordinate with the District and Alameda County Fire Department on required fire flows. Responsible Ageney: Required By: DSRSD. Approval of Improvement Plans MISCELLANEOUS 60. Buildinw: PenDits. To apply for building pcrnúts, the Applicant shall submit eight (8) sets of full construction plans for plan cl=k. Eath set of pbns sh.n have attached an annotated œpy of ~ ConditioDII of Approval. The notations shall clearly indicate how all ConditiOllB of Approval will be complied with. Construction plans will not be accept1:d without the annotattd conditions attached to each set of plans. The Applicant will be responsible for compliance with all Conditions of Approval spcciñed and obtaiDÎDg the approvals of all pø.rticipating nOl>-City ~ies prior to the imlance of bui1ding or grading pennits . Respoosible Agency: B, PL, PW. Required By: Prior to issuanœ ofbuildina permits 61. Construction plans. CODstruction plans shall be fully dimensioned (mc1uding buildina elevatîoDS) accurat.cly drawn (depicting all existing and proposed condîtiOllB on site), and preplllCd and si.gued by an appropriately design professional. The sÎt¢ plan, landscape plan and details shall be COIlIIistœt with each ~. e Respoosiblc: A¡enc:y: B, PL, PW. Required By: Prior to issuance otbuildina: permits 13 e e e ÚI lff/- I D ,) 'J " 62. Postal authoritÎel. The developer shall conÍér with the looal postal authorities to detennme the type of mail rcc:eptacles neceslllUY a.nd provide a letter stating their satisfàction with thl! type of mail 9ClVice to be provided. Specific locations fur such units :ihall be to the satisfAction of the Postal Service. Responsible Apney: PL When Reqnired: Prior to issullØce of BuildiDK Permit. HERITAGE TREES: 63. No underground services inchlding utilities, sub-drains, water or sewer lines shall be placed in the Tree Proteetion Zone. Re.ponsible Agency: When Required: PL Ongoing 64. Tree Preservation Notes, prepared by the consulting arborist, shall be included on all construction plans. Responsible Agency: When Required: PL Prior to ÌIIsuanee of Bundlng Permit 65. Irrigation systems must be designed so that no trenching will occur within the Tree Protection Zone. Responsible Agency: When Required: PL Prior to issuance ofBnildlng Permit. 66. No landscape improvements such as lighting, pavement, drainage or planting may occur which may negatively affect the health or structural stability oflbe trees. Responsible Agency: PL When Required: Ongoing 67. Foundations, footings and pavement on expansive soils near the Heritage Trees should be designed to withstand differential displacement due to expansion and sluinking of the soil. Responsible Agency: PL When Reqnired: Prior to issuanee of Building Permit. 68. All pruning, including after completion of construction and occupancy, shall be completed by a Certified Arborist and Tree Worker in the presence of citY desiØ1'll!.ted personnel and be in conformance with the guidelines of the International Society of' Arboricu1ture, Tree Pruning Guidelines, CUJTent edition, on file in the Community Development Department. In addition, pruning shall be in confonnity with the provisions of the Pruning Specifications of the Tree Protection Plan for this project. Responsible Agency: PL When Required: On-going. 69. The Tree Protection Zone shall completely surround those trees to the satisfaction of the City's arborist. A fence shall completely surround and define the Tree Protection zone to the satisfaction of the City's arborist prior to demolition, grubbing or grading. Fences shall be 6 feet tall chain link or equivalent as approved by the consulting athorist. Fences are to remain until all grading and construction is completed. All pruning approved by the City' Consulting Arborist shal1 be in accordance with the Tree Pruning Guidelines (International Society of Arboricu1ture) and adhere to the most recent editions of the American National Standard for Tree Care Operations (Z133.1) and 14 [¡¡l~ It.>~ Pruning (A300). Responsible Agency: When Required: PL Prior to Îlsuance of GradIng Permit and Through CODstmction, e 70. Prior to work the contractor must meet with the either the Applicant's or the City's consulting arborist at the site to review all work procedures, access routes, storage areas a.nd tree protection measures. Responsible Agency: When Required: PL Prior to ¡nuance of Building Permit. 71. No excess soil, chemicals, debris, equipment or other materials shall be dumped or stored within the Tree Protection Zone. Spoil ftom trench, footing, utility or other excavation shall not be plated within Tree Protection Zone. Responsible Agency: PL When Required: Prior to issuance of Grading Permit. 72. If damage should 0= to any tree during construction it shall be immediately reported to the Director of Community Developffillnt so that proper treatment may be administered. The Director will rc:fur to a City selected Arborist to determine the appropriate method of repair of a.ny damage. The cost of a.ny trea.tment or repair shall be borne by the developer/applicant responsible for the development of the project Failure to do so may resu1t in the issuance of a stop work order. Responsible Agency: PL When Required: Ongoing 73. Whlle in the tree, the arborist shall perform an aerial inspection to identify defects that require treatment. Any additionaJ work needed shall be reported to the Project Arborist. Responsible Agency: PL When Required:· Ongoing . 74. Brush shall be chipped and chips shall be spread underneath trees to a maximum depth of6 inches, leaving the trunk clear of mulch. Wood shall be \uuJ1ed off the site. Trees shall not be climbed with spurs. Thinning cuts are to be employed rather than heading cuts. Trees shall not be topped or headed back RespoDJible Agency; When Required: PL OngoiDg 75. Vehicles and heavy equipment shall not be parked beneath the trees. If access by equipment is required to accompliiih the specified pruning, the soil surface shall be protected with 6 inches to 8 inches of wood chips before placing equipment or vehicles. Responsible Agency: PL When Required: Ongoing 76. Equipment shall be serviced and fueled outside the tree canopy to avoid accidental spills in the root area. Responsible Agency: PL Wben Required: Ongoing tit 15 · · · t.P?rf!J Ie t 77. A certified arbOlist shall be present on the project site during grading or other constnlction activity that may impact the health of the Heritage Trees in this project. Responsible Agency: PL Wben Requind: Ongoing 78. The applicant's arborist shall prepare a Guide to Maintenance for Native Oaks that describes the care needed to maintain tree health and structuralslability including pruning, fertilization, mulching and pest management 118 may be required. In addition, the Guide shal1 address monitoring both tree health and stroctural stability of trees. As trees age, the likeHhood of tàilure of branches or entire trees increases. Therefore, annual inspection for hazard potential should be addressed in the Guide_ A copy of this Guide shall be provided to the homeowner- Responsible Agency: PL Wben Required: Prior to oc:c:upancy 79. The applicant/developer shall guarantee the protection of the Heritage Trees on the project site through placement of a cash bond or other security deposit in the amount of equal to the valuation of the trees as determined by the Director of Community Development. The cash bond or other security shall be retained for a reasonable period of time following the occupancy of the last residence occupied, not to eJ¡:ceed one year. The cash bond or security is to be released upon satisfaction of the Director of Community Development that the Heritage Trees have not been endangered. The cash bond or security deposit shall be forfeited toward payment of the civil penalty, pursuant to Section 5.60.120 for any removal or destruction of a Heritage Tree. Responsible Agency: PL Wheo Requi~: Prior to issuanc:e of BuDding Permit and Ongoing for up to one- year beyond oc:c:upanc:y 80. Any public utility installing or maintaining any overhead wires or underground pipes or conduits in the vicinity of a Heritage Tree in this project shall obtain permission &om the Director of Community Development before performing any work, which may cause injury to the Heritage Tree. RespolUlible Agency: When Required: PL Ongoing 81. No heritage Tree on the project site shall be removed unless its condition presents an immediate hIIza.rd to life or property. Such Heritage Tree shall be removed only with the approval of the Director of Community Development, City Engineer, Police Chief, Fire Chief or their designee Responsible Agency: PL When Required: Ongoing 82. All Oak trees on the project site addressed by the Tree Protection Plan are designated as Heritage Trees by this Site Development Review and shall be protected by the provisions of the Heritage Tree Ordinanc:e pursuant to Section 5.60.40.2. Responsible Ageocy: PL When Required: Ongoing 16 1Þ4~Î (7) 'f 83. All work shall comply with City of Dublin Heritage Tree Ordinance, including no gm.ding or other improvements within the drip.line of à protected tree, except as shown on the approved plans. A . Tree Protection Zone shall be established in consultation with a Certified Arborist where work will be pro!úbited, except liS shown on the approved plans. ,and where exclusion fencing will be erected during construction. Responsible Agency: PW When Required: Ongoing PASSED, APPROVED and ADOPTED this 61Å day of July 2004. AYES: Councilmembers McCormick, Oravetz, Sbranti and Zika, and Mayor Lockhart NOES: None ABSENT: None ABSTAIN: None ATfEST: 4all'\A ~... . Deputy City Clerk . 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T~Ob ll)'1 CITY CLERK File # nl!WJlOJ·l3J[Q] e AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 6,2004 SUBJECT: Consideration of Appeal of Planning Commission Approval of P A 03.40, Lonkianoff Site Development Review. continued from the June 15,2004 City Council Meeting Report Prepared by: Andy Byde, Senior Planner . ATTACHMENTS: 1. Resolution Affi1'D1ing Planning Commission Approval in part; Draft City Council Minutes from June 15,2004; ami June 15,2004, City Council Agenda Statement 2. 3. RECOMMENDATION:~ 1. \: Adopt the Resolution granting the appea] in par! and affmning in part the Planning Conunission Approval of May 11, 2004. e PROJECI' DESCRIPTION: On June 15, 2004, the City Council heard an appeal, filed by Council Member McCormick, of the Planning Commission approval of a Site Development Review for a new single-famiiy residence located at 11299 Rolling Hills Drive. The single-family residence was approved to be 2,954 square feet in size with a garage that is 587 square feet in size. City Councü Action The issue of concern identified by the City Council with the Site Development Review approval was the fact the residence was approved to encroach into the drip line of an existing Heritage Tree, thereby necessitating trimming of the Tree. At its meeting of June 15, 2004, the City Council, by straw vote, voted to relocate the residence approximately 5 feet to the south to eliminate the encroachment of the residence into th.e Tree (see Condition # 2 of Attachment 1). To make the relocation possible, the Conunon Area Storm Drain Easement that extends across the entire southern portion of the property must either be relo.cated or removed. The Easement is owned by the Silvergate Highlands Home Owners Association. In the event the Homeowners association does not agree to either relinquish its rights to the Easement or relocate the Easement, the City Council stated by straw vote that the Planning Commission approval for the project would be sustained with the addition of a new condition of approval. The new condition of approval would extend the time period guaranteeing the preservation of the tree from one year to three years, following the completion of construction (see Condition # 3 of Attachment 1). e COPIES TO: Applicant Project File O:"'M\2003\03-040 Loukinotflt..ldencelApp'aI\oc ap!>O'1 ,œf ' report 7-6-04.doc \CJbL. ATTACHMENT b RECOMMENDATION: . . . ... . ... 1"'iLt; (I(¡<{ Staff recommends that the City Council adopt the Resolution granting the appeal in part and affmning in part the Planning Conunission Approval of May 11,2004 (Attachment 1). e e e 2%2- 1Gao \DI.f Approved (4.4 600-35) the Fiscal Year 2003-2004 Budget Change for the e J-580/Tassajara Road Interchange Improvements Project in the amount of $149,358; Adopted (4.6 600-30) RESOLUTION NO. 125 ~ 04 APPROVING AGREEMENT FOR MODIFICATIONS TO AND PURCHASE OF MODULAR BillLDING (TRAILER) AT CIVIC CENTER and authorized the Mayor to execute the agreement; Approved (4.7 600-30/640-1 0) sixth amendment to Agreement for Legal Services and adopted RESOLUTION NO. 126 - 04 APPOINTING JOHN BAKKER, AN ASSOCIATE AT MEYERS, NAVE, RIBACK, SILVER AND WILSON, AS ASSISTANT CITY ATTORNEY e Approved (4.8 600-30) Agreement for Audit & Professional Services with Caporicci & Larson and authorized the City M.anager to executed the Agreement; Approved (4.9 300-40) the WIIITant Register in the amount of $1,583,999.53. Mayor Lockhart pulled Item 4.5, Consideration of Appeal of Planning Qlmmission approval of PA 03-040, Louki.a.noff Site Development Review, from the Consent Calendar and requested an update regarding the Homeowners' Association consideration of Mr. Loukianoff's request to move the stvUtL drain easement. e Applicant Alex Loukianoff advised that he wrote a letter to the Homeowners' Association stating his needs. The HOA had also received a letter from the City Manager advising them of the City Council's support of his request. One of the HOA's Board. of Directors was on vacation untillHst week, and had just received the letter. Preliminary discussions with the HOA seemed to indicate a willingness to work with him. He will request that the HOA copy the City council on their decision letter. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING ,July 6, 2004 PAGE 336 Îl.JiIf:¡ 11><f- Mayor Lockhart confirmed that the resolution was set up to allow the Applicant to move forward with his project whatever the HOA's decision. If the HOA decided not to allow _ the storm drain easement to be moved, the g-year bond requirement would go into ., effect. City Manager Richard Ambrose oonfirmed that the resolution was set up to allow the Applicant to move forward no matter the HOA's decision. On motion of Cm. Sbranti, seconded by Cm. McCormick and by unanimous vote, the City Council adopted RESOLUTION NO. 127 - 04 GRANTING lliE AI'PEAL IN PART AND AFFIRMING IN PART THE DECISION OF lliE PLANNING COMMISSION GRANTING A SITE DEVELOPMENT REVIEW FOR A SINGLE- FAMILY RESIDENCE ON AN EXISTING LOT (LOT 1) AT 11299 ROLLING HILLS DRIVE .. PUBUC HEARING CALIFORNIA VEffiCLE CODE (CVe) ENFORCEMENT IN DUBLIN ßA\l:ÇH "M" TOWNHOUSE JliEJGHBORijOODS 7:08 p.m. 6.1 (590·30) e Mayor I.ockhart opened the public hearing. Public Works Director Melissa Morton presented the Staff Report and advised that the City received a request from the Dublin Ranch Homeowners' Association (BOA) to enforce the California Vehicle COOe (eve) Section 21107.5 on the private streets in the Dublin Ranch townhouse neighborhoods, Tracts 6962, 6963, and 6964. The CVC requires that a local agency hold a public hearing and adopt a resolution allowing for vehicle code enforcement on private streets. Such enforcement would include any and all reguJations. Affected streets include: Shadow Hill Drive, Bridgestone Circle, Topsfield Circle, Southbridge Way, Thornburgh Lane,MillbuIy Court, Stillwater Court, . Springvale Drive, Bellevue Circle, Hartwick Drive, East Chesterfield Circle, Wèst Chesterfield Circle, Foxcroft Way, Georgetown Circle, and Londondeny Drive. Cm. Sbranti asked if traffic on the small cCJUrt$ connecting to the listed streets would. be enforced. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 6, 2004 PAGE 337 e . il et tC>1 CITY CLERK File # nl!fi[J[o]-[3 [Q] AGENDA STATEMENT CITY COUNCIL MEETING DATE: June IS, 2004 SUBJECT: ATTACHMENTS: RECOMMENDATION: . ~1. 2. 3. 4. 5. PUBLIC HEARING: Con~ideration of Appeal of Planning Commis~ion Approval of P A 03-40, Loukianoff Site Development Review Report Prepared by: Andy Byde, Senior Planner e¡.-- 1. Letter Received Mày 21 , 2004, appealing Plmming Commission Decision of May 11,2004; Plmming Commission Staff Report dated May II, 2004, including project description, attachments, and project plans; Planning Commission Minutes for Mày 11,2004; Planning Commission Resolution No. 04-43 approving the Site Development Review, with conditions of approval; and Resolution Affirming Planning Commission Approval. 2. 3. 4. 5. Open Public Hearing Receive Staff Presentation and Applicant Testimony Question Staff and the Public Close Public Hearing and Deliberate Adopt Resolution Affirming Planning Commission Approval of a Site Development Review. PROJECT DESCRIPTION: On MàY 11, 2004, the Planning Commission held a public hearing for a Site Development Review (SDR) application for a new single·family residence on an existing lot (Lot I of Tract Map 5073) located at 11299 Rolling Hills Drive. The single-family residence was approved to be 2,954 square feet in size with a garage that is 587 square feet in size. At the May II, 2004, meeting, a motion to aPProve the project was approved on a 2-1-2 vote with Commissioners Nasser and Jennings àbsent. A copy of the Draft Planning Commission Minutes is included as Attachment 4. On May 21, 2004, Council Member McCormick filed a timely appeal of the Planning Commission's decision (Refer to Attachment I for a copy of the appeal letter). Pursuant to the Dublin Zoning Ordinance, when a member of the City Council files an appeal, it is presumed that the reason for the e COPIES TO: Applicant Project File O:IPA~'2003\03-040 Louldnoll'it.o'idcncolAppeall.. appea1..affrepo" H5-04.doc ¡ ~ L-.. ATTACHMENT 7 [I, · appeal is that the appealed action has a significant and material effects on the quality of life willin~e tD f City of Dublin (Section 8.136.040(B.2) of Dublin Municipal Code). City Council Actioll Under the City ZoniIl& Ordinance, the City Council may affirm, affirm in part, or reverse the action of the .- Planning Commission, based upon fmdings of fàct. Findings shall identify the reasons for the action on _ the appeal, and verify the compliance or non-compliance of the subject of the appeal with the provisions of the Appeals Chapter of the Zoning Ordinance. The City Council may adopt additional conditions of approval that address the spo;cific subject of the appeal. The City Council may continue this matter, but must take action within 75 days of the date the appeal was filed (75 days from May 21, 2004, is August 3, 2004), pursuant to Section 8.136.060 A of the Dublin MunicipaJ Code. Additionally, because the appeàl was filed by a member of the City Council, the Council may consider any issue concerning the application. CONCLUSION: Based upon the Planning Commission Staff Report and Draft Minutes for the May 11, 2004, public hearing, Staff recommends that the City Council evaluate the appeal and affirm the Planning Commission Approval of May 11,2004. RECOMMENDATION: Staff recommends that the City Council conduct a public hearing, deliberate, and adopt the resolution affirming the Planning Commission Approval of May 11, 2004 (Attachment 5). e e 200L- !ltj"b (1)~" I i e On motion of Cm. Oravetz, seconded by Cm. McCornrick and by majority vote: (Vm. Zika opposed), the Council adopted · RESOLlITION NO. 111 - 04 REVISING TIlE TRAFFIC IMPACT FEE AND AREA OF BENEFIT FEE OR FUlURE DEVEWPMEN'I'S WITIiIN THE EASTERN DUBI.IN AREA; AS PREVIOUSLY ESTABLISHED BY RESOLUTION NO. 1-95 AND ' REVISED BY RESOLUTION NO. 41-96ANDIŒSOLUTIÓNNÓ. 225-&9 ," " ' , I I and modified Exhibit C of the Resolution to eliIninate the Medical/Dental OffiCe " " ",' ,""",," " " I category. . FUBLIC HEARING CONSIDERATION OF APPEAL OF PLANNING COMMISSION ArfROV AL OF P A 02·040. LOUKIANOFF S111; DEVELOPMENT REVIEW 8:16 p.m. 6.2 (410-30) e Mayor Lockhart opened the public hearing. , " : Senior Planner Andy Byde presented fue Staff Report and advised that on May II , 2004, the Planning Conunission approved a Site Development Review application for a new single-family residence on an existing lot (Lot I of Tract Map 5073) located at 11229 Rolling Hills Drive. The single·family residence was approved to be 2,954 square feet in size with a garage that would be 587 square feet in size. On May 21,2004, . Counci1mentber Claudia McCormick f11eda timely appeal of tlte P1.a.tming ~mission's decision, citing that the item had the potential to cause significant and ma.reriál effects on the quality of life within the City of Dublirt. I Lot I was created in 1995 as part of the Ha.tfield Development project, and was sold later to Black Mountain Development Company. lnJanuary 2001, fue City COuncil approved Black Mountain's development prqject for new single family homes:on six lots, including Lot 1. I.cll has a storm water drainage easement that extends along the southern portion of the property, with no stmctures to be located within tha.t pasement. Heritage Tree 353 is also found on Lot 1. The initial Council approval ínclud¢ a 5·foot setback from the heritage tree. During the review of the grading permit, Staff determined that the. approved location of Lot 1 çcmf1icted with Heritage Tree 353 and CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING JUDe 15, 2004 PAGE 297 e i 'SO Db /D,"+ I would constrain where the residence could be located. Subsequently, the App'Iicant and currently Lot owner, requested pennission to trim the heritage tree to acconutl.oda.te the e proposed residence. The Applicant's arborist detemtined that the proposed encroachment from the residence was in the capacity of the tree to survive. " ~veral other arborists, including the City's, reviewed and concurred with the report. 'The tree report also determined that, because some of the original subdivision itnp1'OV'ements and ,grading, the soil has corn.pacted in an area and caused the tree tlOt tohave actt~ roots within that area. Therefore, placement of the residence in the area where the ,soil was compacted would not further endanger the tree. ' Mr. Hyde advised that the Council had three options: Option 1, Affirm the P.I.anning Comnússion's decísion;Z) Affinn in part, the Planning Commission's decision, by modifying conditions; or 3) Reverse the action of the Planning Commission decision. Based on the Planning Cotnmission report and draft minutes for the May II, Z004 Planning Commission meeting, Staff recommended that the City Council evaluate the appeal and affinn the PIa.nnin.gCommission's awroval of the project. . Vm. Zika clarified tha.t it was the conclusion of all the arboristt; that the tree lUui not grown because of the compacted soil on that site. : Mr. Byde advised yes, the tree had rtot grown on that side because of soil compaction. The canopy of the tree had not grown that far from the trunk of the tree in th~ southern direction, although it has grown in other directions. . Vm. Zika co:nf1m1ed that the Applicant ç:ould not build overthe storm drain ~sement in the south and the location of the drip line on Tree 353 to the north. Mr. Hyde advised that the Applicant did not own the easement, so he cannot encroach over it. The easement is retained for a storm drain, although there is no actwC. stann drain in it. The easement belongs to the Homeowner's Association (HOA). In addition, the steepest portion of the lot is in that area. The residence could be built in ~t area if the easement were moved, but it would re8l.Ùt in additional costs to the Applic;a.nt. , Mayor Lockhart asked what recourse or actions were available for someone t9 talœ regard.ing a faulty stuVey, such as this. Who would have recourse and who WOUld be responsible? l\.fr. Hyde advised that it was a legal question, but it was his understanding thit Black Mountain was currently in litigation with the surveyor who prepared the ori&ina1 documents, but could only speculate as to what the litigation was about. ' CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING June 15, 2004 PAGE298 e ¡'Ó\~ lO-r 1 , , e VI11. Zika asked if there was any known use forthe currently unused storm. dr~. , , Mr. Byde advised that there was the watershed which servtXftluttarea and W'~s " ot'i@nally intended for that. It is very smaIl and probably would not be neces$ary to put it in a pipe which needed to be in an easement. It could probably surface flow act'Q88 the lot or be in a very small easement and pipe located in the southern portion. Most likely, when the final improvement plan for the lots was approved, there were probaÞly some changes but the easement was never removed. However1 it is still an existing legal documertt. I Vm. zika. asked if a hydrologist study might indicate that the storm drain and easement were not neededl which ttcight allow them to build in that area without a significant increase in cost. Mr. Byde advised that some type of facility would be needed with a full hydrologist study. Alex Loukianoff, the Applicantl requested that the Council reaffirm the Pla.nni;ng Commission approval. 'Ihey have been good citizens throughout the process 411d have worked with Staff. I . e Mayor Lockhart asked if he had explored any aspects of moving the easement; Mr _ Loukianoff advised yes, and deferred to his father, a licensed engineer and general contractor, to answer specific questions. Nick Louldanoff, the Applicanfs father, advised that the drainage easement served only the house to the front toward the street, and virtwilly no water comes off the backyard. The backyard is small, 80 whatever water comes off is minor. If the HOA w01.iJd agree, it would be possible to move the point of the drainage easement but would be significant ema cost. He requested that Staff be willing to work with them to minimize f#e drainage requirements and reduce costs. I Mayor Lockhart asked Staff if there was any opportunity to work with this project to change a setback or do anything that would make it more this more feasible a¡n.d less intrusive to the tree. e CITY COUNCIL MINUTES VOLUME 23 I REGULAR MEETING .June 15, 2004 PAGE 299 £, tOf) Ie I.f' Mr. Byde advised that jf easement WAS removed, there would be other options. There A would be some setback issues, but the Council hadthe authority to deviate front the ., set~b. ' i Mayor Lockhart noted that the Council has made exceptions in the past with dïfficult lots in the area. : Cm.Sbrann asked what the Lot 1 setbacb were. I Mr. Byde advised that the side yard setback was 5 feet with an aggregate of 15 feet_ There had to be 8. minimum. of 5 feet and the two had to add up to 15 feet. Cm. Oravetz asked what needed to be done to get the easement waived by the HOA. t Mr_ Byde advised that the HOA would essentially have to quitclaim their ri;ý1t~ to put draîna.ge into the storm drain; however ,he WAS uncertain. of the specific HOA,process. I The Council discussed the issue and agreed that the HOA would want to save the tree if the easement served no purpose. ' City Attorney Elizabeth Silver advised that the Council,had 75 days from the date of the appeal to take action and suggested continuing to a 4ate certain to provide Mi. Louki.anoff the opportunity to approach the HOA with the request to quitclaini the easement. ' . Mr. Byde suggested that Staff devise .It revised dt;:sign, assuming that the HOA would approve an easement quitclaim, and with the Council's concurrence, approve' the revised design with the condition added that the easement has,to be relocated\ If it does not occur, the plan would need to come back to Council. I em. Oravetz asked if it would be appropriate for the Council toça11 the HOA:in support of this issue. He did not want to exceed the bounds of the appeal roles_ I Ms. Silver advised that the City Manager could call the HOA to advise them o~ the Council's support. ' Council and staff discus~d the various options available to them. Mr. Louk:Uu:toff advised that they had had preIiminaty contact with the HOA., which seemed inclined to help. ' CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING June 15, 2004 PAGE 300 e S3tJV·1O + e Mayor Lockhart asked what would happen if the Council awroved it, as suggested by Mr. Byde, subject to the ROA's aIJPt'Oval. . Ms. Silver advised that the Council could affirm the appeal in part and make a' modification to the Conditions of Approval to include a condition that the hou¡se be reloçated. 5 feet to the south. If the eoµncil diçtß~thtn8 else, it would be the only approval they had. If the Applicant could not work something out with the HOA, then they would have to come back to Council. The Council had not discussed wlufttheir position would be if the HOAwas not amendable to the request. i Mayor Lockhart stated that there needed to be an dthcr/ordecisÌOn. The Co~cil needed to give them another option if the HOA did not give approval so the Applicant wouldn't have to start all oyer again. City Attorney Silver advised that if the Council could decide that tonight and be aptmWed by straw vote, staff could bring a revised resolution to the next ~cil meeting for adoption.· ' Cm. Oravetz made a motion, for discussion, to allow the Applicant to approach the HOA with a request to quitclaim the easement or, if the lIOA denied the request, t:he Council tit would affi.rm the Planning Commission's decision. Vm. Zika. seconded the motion for discussion. e Mayor Lockhart clarified that the motion was that the Council would first supPort the Applicant going to the HOA to with the request to move the home 5 feet and r:emove the easement. And, if not, the Council would uphold the P1a.nnîng eoJ:IUt1ission decision. Cm. McCormick suggesred addinz the aroorist's recommendations for the ~ as mitigation measures, inclw:iins annual monitoring of the tree and extending the bond to three years beyond the completion date. Thespjrlt of the Heritage Tree ~ce was to protect and preserve heritage trees, not figure out how far the trees can be )vha.cked to put a house on a lot. She would not have voted the way she did if the CounciJ had had the.çorrect survey information. The survey was wro1'l$; the tree was not w1i.e¡;oe it was supposed to be. Somebody should go out and check the surveyor's work when there was a heritage tree on the property, and was asking the Council to support that. Mayor Lockhart asked Cm. Oravetz if he was open to an amended motion whj,ch included the mlggested mitigation measures as an alternative. ' CITY COù'NCIL MINUTES VOLUME 23 REGULAR MEETING June 15,2004 PAGE 301 ß4-tb tDLf' Cm. Oravetz agreed. Cm_ McCormick asked who would monitor the tree for three years. Mr_ Byde stated that the a.pproval was currently structured so it would be the 9w'ners' responsibility. Furthermore, except for the bond requirement, the Conditions pi Approval included all of the arborist's suggested mitigation measures. The ~-year bond requirement would need to be added. MAyor Lockhart advised that the amø4rnent woulçl be to a.d4the titree·year bond requirement. Cm. Oravetz agreed to modify his motion as suggested. ern. McConnick requested that all of the mitigation measures and the conditiç,ns would be recorded. . Mr. Byde advised that the Alameda County Recorders Office would not allow ~ infor:ma.tional type of document- of this nature to be recorded. It was not on their list of recordable documents. The Applicant would be required to disclose the infoimation upon transfer of property. ' Mayor Lockhart stated that the property owner would have to submit an arbo¡:ist's report once a year for three years on the condition of the tree. Mayor Lockhart clarified that the motion was that the first alternative was to 'lvork with the HOA to move the house 5 feet. The second alternative would be to uphold the F1anning Commission's decision and addthe threeNyear maintenance bond and the yearly arborist's report to be submitted to the City. City Manager Ambrose asked if the Council wanted written confirmation irorP ROA regarding the easement issue. ' Mayor Lockhart stated yes, it was important to have written HOA confirmatiO}1 for the record. ' Cm. Sbranti asked if Council members could legally contact the HOA, assumiilg that it took action tonight. ., . CITY COUNCIL MINuTEs VOLUME 23 REGULAR MEETING June 15,2004 PAGE 302 """-"""" e e e : Q;Go:1o \bet , I .. City Attorney Silver advised yes, but recornme, nd.ed, a str,a" w vote ,tonight and c1iIect Staff _ to return with a modified resolution at next Council meefutg. st¡ÛÍ could contact the , BOA. The Council might also want to consider putting a time period on the first 'alternative to get the easement moved and relocating the house. The council discussed a 30 day timeframe. Alex Loukianoff stated they would do it as fast as possible. He advised that a I;hree-year bond would be a financial burden and asked the Council to consider a one~YMr bond. , , ern. McCormick indicated that the bond would only be necessary if the house could not be moved. Mr. Byde advised that the bond amount would be based on value of tree, which was determined by an arOOrist. The value of a similar tree had been set at approximately $10,000. 10% would be $1,000 a yearforthree years. City Attorney Silver suggested that, rather than ha\TÎn$ a time period, the motiOn require a written confinnation from HOA on thestatu.softheea~wer1,t.,,ºnc<= tlte,A~licant had provided the confinna.tiôn, Staff could move forward and prepare the modifie4 resolution for the appI upriate Council meeting. e Mayor Lockhart closed the public hearing. With a uruw.imous straw vote, the Council resolved the following: 1) Mr. Loukianoff to request that Silvergate Highlands Homeowner's Assoda:Qon approve, in writing, the movement of the storm drain easement to the souther,n edge of the lot so that ,the location of the home maybe shifted away from the heritage tree; 2) Staff to draft a letter to the Homeowner's Association for the City M.anager's signature in support of the Applicant's request; and 3) Staff to prepare It Staff Report with á resolution for the next council meeting affirming, in part, the appeal and maJcing a modification to the Conditions of Approval to ínclude a condition that the hoijse be re1oca.ted 5 feet to the south unless the City receives written notice from the . Homeowners Association that the Association will not agree to the relocation ,of the storm drain easement, in which case the appeal is affirmed in part with the following additional conditions: a three-year maintenance bond shall be required for the heritage tree and a yearly arborist's report shall be submitted to the City on the conditipn of the heritage tree. tit CITY COUNciLMìNíffES' VOLUME 23 REGULAR MEETING June 15, 2004 PAGE 303 "-",,,,,,,,,-,,,,..,,'. . "",,,.,,'- " -~.._._' """.,,"-..- '3fp tìþ It> wi AGENDA STATEMENT PLANNING COMMISSION MEETING DATE: MAY 11,2004 SUBJECT: ATTACHMENTS: RECOMMENDATION: L 2. 3. 4. 5. PUBLIC HEARING: P A 03-040, Loukianoff Site Development Review for a Single-Family Residence on an existing lot (Lot 1) at 11299 Rolling Hills Drive (Report Prepared by: Andy Byde, Senior Planner)Df" e L 2. 3. Resolution Approving a Site Development Review; Project plans; Letter from Joseph McNeil, Consulting Arborist, dated January 12, 2004; Letter from HortScience, Dated February 2, 2004, peer review of Joseph McNeil's report; Heritage Tree Ordinance; Previously Approved Plans for home on Lot 1; and Letter from Applicant Alexander Loukianoff. 4. 5. 6. 7. Open public hearing; Receive Staff presentation and public testimony; Question Staff, Applicant and the public; Close public hearing; and Adopt Resolution (Attachment 1) approving the Site Development Review, subject to conditions. e PROJECT DESCRIPTION: This is a Site Development Review for a new singk-family home on an existing lot (Lot 1) at 11299 Rolling Hills Drive, created by Tract Map 5073. The single-family residence is proposed to be 2,954 square feet in size with a garage that is 587 square feet in size. BACKGROUND: Hatfield Deve/avmen( Avvroval.- On August 12, 1985, the City Council approved PA 85-035.3 (Resolution 82-85), Hatfield Development Corporation, Inc. Tract Maps 5072, 5073 and 5074. Lots I and 7 - 12 of Block I of Tract Map 5073 were not built upon when the rest of the homes were built in J 985. Lot I is the location of the subject property. City Council Resolution 82-85 set forth the conditions of approval for the three tract maps. Conditions 4 and 12 of that resolution require that a Site Development Review be processed for the development of these lots. The proposed project is located on an existing 1cgallot of record which was created in conformity with the following reglllations in effect at the time: (1) the Single Family Residential General Plan Designation; (2) the R-I Zoning District; (3) the Hatfield Planned Development (Ordinance 80-85); (4) the Subdivision Title (Title 9) of Dublin Municipal Code; and (5) the Subdivision Map Act ofthe State ofCalifomia. __~_________~_H~~____________________~~~~________________~______________~___~~_________._____~_~~~_____w___ COPIES TO: e PAFile Applicant Mailing list , ATTACHMENT õ> · Brittanv Lane/Black Moun/ain Dne/oomenr (P A 00-0091: On December 12, 2000, the Planning Commission approved the Brittany Lane/Black Mountain Devdopment (PA 00-009) Site Development Review (SDR), àPproving the design and locàtion for single family homes on 7 lots (Lot Numbers: 1, and 7-12). The Brittany LaneJBlack Mountain project was appealed to City Council on December 21, 2000. The appeal alleged conflicts with the following: (1) Heritage Tree Ordinance, (2) the Wildfire Management Plan, (3) the Zoning Ordinance, and (4) the Hatfield Development Approval. On January 16, 2001, the City Council heard the appeal of the SDR and directed the applicant to redesign the project to minimize impacts to the heritage trees on site. On February 20, 2001, the City Council approved the redesigned Brittany LanelBlack Mountain project, upheld the decision of the Planning Commission, and required some additional conditions of project approval. ß11t \1:1L1: Thc home on Lot ] that was approved by the City Council as part of the Brittany Lane/Black Mountain Development (PA 00-009) was 3,400 square feet of living space and had a 640 square foot garage (see Attachment 6 for copies of the previously approved site plan and floor plans). The previously approved residence had the folJowing setbacks from property lines: front 28 feet; sid~ 17 feet; side 57.5 feet; and tear 43 fe~t. In addition, the approved residence on Lot I was shown with a 5-foot setback to the existing Valley Oak, Tree No, 353 (as described by the Black Mountain Heritage Tree Protection Plan). Lot I is a "flag" lot that is 21,328 square feet in size. Access to the lot is provided via a fee title strip of land extending to Rolling Hills Drive, The eastern one-third portion of the lot is relatively flat, while the remaining two-thirds of the Jot steeply drops ofT with a 30-50% slope. Th~ southern portion of th~ lot çontains an existing Common Area Storm Drain Easement that extends across the entire southern portion of the property. The Easement was granted to the Silvergate Highlands Owners Association by the .. origi~l developer. Based upon a field review by the Public Works Staff, the existing Easement does not _ contam any pIpes or other structures to convey storm water. The site plan approved as part of the Brittany Lane/Black Mountain Site Development Review showed the distance between drip-!îne of Tree No, 353. located on the northern portion of the property and the Easement on the southem portion of the property, to be 68 feet. In April 2002, during the review of the grading plan for the seven lots, Staff determined that the approved location of r~sidence on Lot 1 conflicted with Tree No. 353. Specificàlly, the location of the tree was between 12 feet and 20 feet beyond the location shown on the site plan the City Council approved as part of the Brittany Lane/Black Mountain Site Development Review, In March of 2003, the Developer of Brittany LanelBlack Mountain transferred interest to Lot ] to Alexander Loukianoff, Tree Location As a result of the infonnation provided by the new Applicant's designer, the distance between the Easement and the drip line of Tree No, 353 is approximate! y 47 feet. This limited distance significantly constrains the lot. In order to contend with this limited dimension, the Applicant is proposing the residence to encroach into the tree canopy, thereby necessitating trimming of the tree. e 2 ANALYSIS: q;1"~~ to't ProiecI DeJ'irm: The proposed residence is well designed and sited. The 2,954 square foot home would complement the architectural quality of the surrounding neighborhood. The design elements are shown in colored ... elevations available at the Planning Commission Meeting and are on file at the Community Development ... Department. The residence is sited on the lot to minimize grading and impacts to views. A hip roof has been incorporated into the design to minimize impacts to views. The home will be obscured by the home located in front of the subject property. Landscaping plans reviewed by Staff will have adequate quantities and qualities of trees and shrubs. The project is well designed, well sited and, as conditioned, is consistent with the required findings contained within the Site Development Review Chapter of the Zoning Ordinance (Section 8. I 04.070). Tree Trimminl;! The Applicant is proposing the residence encroach into the drip line of Tree No. 353 between 4 and 5 feet for the pop out of the kitchen (on the northern elevation, see Attachment 2) and 7 feet for the lower level deck (pictures of the proposed trimming can been seen on page 2 and 3 of Attachment 3). The Applicant's Arborist, Joseph McNeil, has reviewed the proposed trimming of Tree No. 353. Mr. McNei1 detennined that the proposed encroachment fÌ'om the residence is within the capacity of the tree to tolerate. The conclusions reached by Mr. McNeil were then peer-reviewed by Michael Santos of HortScience, the same firm that prepared the original Tree Protection Plan for Brittany LanelBJack Mountain Site Development Revicw. After reviewing the plans and Mr. McNeil's report, Mr. Santos concurred with consulting arborist's conclusions. The Tree Protection Plan approved as part of the Brittany Lane/Black Mountain SDR called for the residence to be setback 5 feet from any existing Heritage Tree drip line. The consulting arborist, Mr. McNeil, states that the largest impact to Tree No. 353 would result from the pruning necessary to maintain a 5-foot setback from the residence (see page 3 and 4 of Attachment 3). To lessen the impact of the encroachment of the residence into the drip line of Tree No. 353, the Applicant is proposing to remove as little foliage as possible of the tree and amend the Tree Protection Plan to reduce the 5-foot setback, to the minimum necessary to accommodate the residence. The consulting arborist recommends reducing this setback in order to limit the limit the amount of foliage removal. To limit the impacts to the tree a. a result of pruning and placing the tree closer than 5 feet, the arborist recommends seven specific mitigations: (I) install tree fencing; (2) place mulch around the roots; (3) provide supplemental irrigation during the dry season; (4) limit landscaping around the trees; (5) ensure no drainage is directed towards the tree; (6) ensure proper material disposal during construction; and (7) ensure all pruning is done by a Certified Arborist. Staff has reviewed the site pI an, the accompanying letter from the consulting arborist and the peer review of the consulting arborist report. Staff concurs with the proposcd limited encroachment of the residence into the canopy of Tree No. 353 and resulting trimming for the following reasons; (I) the proposed trimming would be consistent with the Heritage Tree Ordinance because the trimming would be done in conformance with standards established by the International Society of Arboriculture; (2) the lot is significantly constrained with a limited width, due to the stonndrain easement in the south and the location of the drip line of Tree No 353 to the north; (3) the trimming is the minimum necessary to accommodate a residence that is significantly smalJer in size than was previously approved by the Brittany LanelBlack Mountain Site Developm¡::nt Review; and (4) the trimming of the tree, with the adherence to the recommended mitigations, is within the capacity of the tree to tolerate. 3 e e Conformity of Project with City Council Resolution 82 - 85:· %'1 Vb tD'{ The City Council Resolution 82-85, an SDR approval, set forth conditions of approval, whìch established requirements to be fulfilled prior to the issuance of building permits, In addition, the conditions of approval established development standards for the custom lots (Lot Numbers: I, and 7-12. including the e subjeCt property). The conditions that specifically apply to this project are listed below with statements regarding project confonnity: Condition 3. This condition establishes the development regulations for this development. The regulations are: · Front yard setback is 20-feet. · Side yard setback is 5Æeet minimum and IS-feet aggregate. · Rear yard setback is 20-feet · Lots are subject to guidelines of the R-l zoning district in respect to development criteria such as lot coverage, allowable uses, parking requirements, and definition of tenns. The project. as proposed will have the following setbacks from property lines: front property line, 20 feet, where 20 feet is the minimum; side property line; side property line 17 feet, where 5 feet is the minimum; side property line, 48 feet, where 5 feet is the minimum; and rear property Jine property line, 55 feet, where 20 feet is the minimum. The project, as proposed, would have a lot coverage of 10.8%, where 35% is the maximum. The proposed residence complies with all requirements contained with condition 3 and with the requirements of the R-l zoning district. Condition 4. Site grading aggregating in exccss of fifty cubic shall not occur until a Site Development Review (SDR) application is processed according to Section 8.95.0 (now section 8.104) of the Zoning _ Ordinance (Site Development Review). Site grading from this project will exceed fifty cubic yàrds and _ therefore a Site Development Review is required. Condition 6. "The height of custom or modified homes shall not exceed twenty-five (25) feet as measured perpendicularly from natural grade. Skirt heights screening undeveloped, non-living space for custom or modified homes (measured fi'om natural grade to finished floor elevations) shall not exceed a maximum of nine 9 feet. Deviation and! or refinement of these standards may be considered as part of the Site Development Review process covering these lots." Height Limit. This condition stipulated the height limit and the methodology for measuring height for the customs lots within the development. The height limit was not to exceed 25 feet and the methodology for measuring height was, (a parallel line) m"asured 25-feet perpendicular from natural grade (see Figure I for illustration). ......\....... ..... .... ...... 5' ....... I .,' ..' ...................r... j 25' PIL S_ction illuslroting perpendicuiar measurement of heiglu limil Figure L 4 Skirt Height. This condition applies a maximum skirt height of 9 feet as measured fTo~~1t~D <+ grade. A skirt is the area below the lowest living floor, which is utilized for support of a structure. Staff reviewed the project plans and detennined tbat the residence is in confonnance with the both the height limit and skirt height limit as defined by Condition 6. e Condition 16. This Condition requires that project grading performed within 25-feet of the drip line of existing onsite or offsite trees shall be addressed by a horticultural report and the recommendations and findings of that report incorporated into the grading and improvement plans of this project. A recommended condition of approval would require that the applicant/developer guarantee the protection ofthe Heritage Trees on the subject property through placement of a cash bond or other security deposit in the amount of equal to the valuation of the trees as determined by the City's selected arborist (See page 5 of Attachment 5, Dublin Municipal Code § 5.60.100.). The cash bond or other security shall be retained for a reasonable period of time following the occupancy of the residence, not to exceed ooe year. The cash bond Or security is to be released upon satisfaction of tbe Director of Community Development that tbe Heritage Trees have not been endangered. The cash bond or security deposit shall be forfeited as a civil penalty for any unauthorized removal or destruction of a Heritage Tree. A recommended condition of approval would require a statement to be prepared and recorded on the title of the subject property, with the Alameda County Recorders Office, which states that Heritage Trees are located on the subject property and a Tree Protection Plan has beffi prepared and any damage to the trees will result in penalties as required by the City's Heritage Tree Ordinance. As a result of conditions established as part of the Tree Protection Plan and the subsequent mitigations recommended by the consulting arborist (Mr. McNeil) incorporated into the conditions of approval and the additional conditions of approval ensuring, to the greatest extffit possible, the long-term protection of e the Heritage Trees, Staff fmds the proposed project is consistent with Condition 16 and the Heritage Tree Ordinàllee. Condition 19. This condition requires the developer to confer with the local postal authorities to determine the type of man receptacles necessary. A condition of approval of this SDR will address this issue. Staff finds this project consistent with Condition 19. ENVIRONMENTAL REVIEW: The environmental impacts of this project were addressed under the Negative Declaration prepared for the PA 85-035 Hatfield Development Corporation Planned Dc:vdopment Rezone, Armc:xation and Sit<o Development Review of which the subject lots Were a part. The Negative Dcclaration was prepared in accordance with the California Environmental Quality Act (CEQA), State CEQA Guidelines and the City of Dublin Environmental Guidelines. CONCLUSION: The project is in confonnity with the Dublin General Plan, City Council Resolution 82-85, the Zoning Ordinàllce and the Heritage Tree Ordinance. The home is well sited and designed. Impacts to views will be minimized. RECOMMENDATION: Open public hearing, receive Staff presentation and public testimony, question Staff, Applicant and the public, close public hearing and adopt Resolution (Attachment I) approving the Site Development Review, subject to the conditions listed. e 5 ~I 1-1 (tb lOf e GENERAL INFORMATION: APPLICANTI PROPERTY OWNER: Alexander Loukianoff 12 Kirk Court Alamo, CA 94507 LOCATIONI ASSESSORS PARCEL NUMBER: 11299 Rolling Hìl1s Drive 941-2775-030 EXISTING ZONING: R-1 GENERAL PLAN DESIGNATION: Single Family Residential e e 6 ~ Î- aM II) I.f Cm. Fasulkey suggested a condition that the courtyard entrance be open to foot traffic. Ht!'" called for a motion. On motion by em. Machtmes with an amendment to the conditions to require an entrance at Amador Valley and Village Parkway to be open for busil}ess and an entranéeðt the south end of . Village Parkway to be accessible for pedestriari access, seconded by em. Fasulkey, by a 2-1-2 vote with Cm. King voting no and Cm. Nassar and Jennings absent the Planning Commission approved RESOLUTION NO. 04 - 40 A RESOLUTION OF THE PLANNING COMMISSION APPROVING A CONDITIONAL USE PERMIT FOR AMENDMENTS TO PLANNED DEVELOPMENT PA 98-049, SITE DEVELOPMENT REVIEW AND MASTER SIGN PROGRAM FOR ROB.ERT ENEA OFFICE AND RETAIL CENTERS LOCATED AT 7197 VILLAGE PARKWAY, FA 03--069 RESOLUTION NO. 04 - 41 A RESOLUTION OF THE PLANNING COMMISSION APPROVING TENTA TIVE PARCEL MAP 8407 FOR ROBERT ENEA OFFICE AND RETAIL CENTERS WCATED AT 7197 VILLAGE PARKWAY, PA 03-069 8.4 P A 03-040 Loukianoff Single Family House- Site Development Review for a new single e family home on an existing lot at 11299 Rolling Hills Drive, also known as Lot 1 of Tract 5073. Cm. Fasulkey opened the public hearing and asked for the staff report. Andy Byde, Senior Planner presented the staff report and advised the Planning Commission this is a Site Development Review for a new single-family home on an existing lot at 11299 Rolling Hills Drive, created by Tract Map 5073. The single-family residence is proposed to_be 2,954 square feet in size with a garage that is 587 square feet in size. On August 12, 1985, the City Council approved P A 85-035.3 (Resolution 82-85), Hatfield Development Corporation, Inc. Tract Maps 5072, 5073.md 5074. Lots 1 and 7 -12 of Block 1 of Tract Map 5073 were not built upon when the rest of the homes were built in 1985. Lot 1 is the location of the subject property. City Council Resolution 82-85 set forth the conditions of approval for the three tract maps. Conditions 4 and 12 of that resolution require that a Site Development Review be processed for tþe development of th.ese lots. The home on Lot 1 that was approved by the City Council as part of the Brittany Lane/Black Mountain Development was 3,400 square feet of living space and had a 640 square foot garage (see Attachment 6 for copies of the previously approved site plan and floor plans. The _ previously approved residence had the following setbacks from property lines; front 28 feet; ., side 17 feet; side 57.5 feet; and rear 43 feet. In addition, the approved residence on Lot 1 was Q1anni'f B C,)r1Ui1Ú.rilHl l!.,,~'Jifar ::M. .·ttir~, 97 '.1111)' /1/ 20( r/ 0?~ (Di{ shown with a 5-foot setback to the existing Valley Oak, Tree No. 353 as described by the BlaM Mountain Heritage Tree Protection Plan. . Lot 1 is a "flag" lot that is 21,328 square feet in size. Access to the lot is provided via a fee title strip of land extending to Rolling Hills Drive. The eastern one-third portion of the lot is relatively flat, while the remaining two-thirds of the lot steeply drops off with a 30-50% slope. The southern portion of the lot contains an existing Common Area Storm Drain Easement that extends across the entire southern portion of the property. The Easement was granted to the Silvergàte Highlands Owners Association by the original developer. Based upon a. field review by the Public Works Staff, the existing Easement does not contain any pipes or other struchIres to convey storm water. The site plan approved as part of the Brittany Lane/Black Mountain Site Development Review showed the distance between drip-line of Tree No. 353, located on the northern portion of the property and the Easement on the southern portion of the property, to be 68 feet. In April 2002, during the review of the grading plan for the seven lots, Staff determined that the approved location of residence on Lot 1 conflicted with Tree No. 353. Specifically, the location of the tree was between 12 feet and 20 feet beyond the location shown on the site plan the City Council approved as part of the Brittany Lane/Black Mountain Site Development Review. e In MaTch of 2003, the Developer of Brittany Lane/Black Mountain transferred interest to Lot 1 to Alexander Loukianoff. As a result of the information provided by the new Applicant's designer, the distance between the Easement and the drip li!'le of Tree No. 353 is approximately 47 feet. This limited distance significantly constrains the lot. In order to contend with this limited dimension, the Applica:nt is proposing the residence to encroach into the tree canopy, thereby necessitating trimming of the tree. The 2,954 square foot home would complement the architectural quality of the ¡¡urrounding neighborhood. The residence is sited on the lot to minimize grading and impacts to views. The Applicant is proposing the residence encroach into the drip li!'le of Tree No. 353 betweel'1 4 and 5 feet for the pop out of the kitchen and 7 feet for the lower level deck. The AppIical'1t's Arborist, Joseph McNeil, has reviewed the proposed trimming of Tree No. 353. Mr. McNeil determined that the proposed encroachment is within the capacity of the tree to tolerate. The conclusions reached by Mr. McNeil were then peer-reviewed by Michael Santos of HortScience, the same firm that prepared the original Tree Protection Plan for Brittany Lane/Black Mountain Site Development Review. After reviewing the plans ànd Mr. McNeil's report, Mr. Santos concurred with consulting arborist's conclusions. Staff has reviewed the site plan, the accompanying letter from the consulting arborist and the peer review of the consulting arborist report. Staff concurs with the proposed limited encroachment of the residence into the canopy of Tree No. 353 and the proposed trimming would be consistent with the Heritage Tree Ordinance. e The project is in conformity with the Dublin General Plan, City Council Resolution 82-85, the Zoning Ordinance and the Heritage Tree Ordinance. The home is well sited and designed. Impacts to views will be mirumized. Staff recommends that the Planning Commission adopt 98 ~""ay 1.1,2/)//4 Qi:J.11.rtin¡¡t"C!f1lmÙsi'.rlt *f"lllf.Jr!M~'~tr1fir q --rQ1\ «C>4-- Re~olution approving the Site Development Review, subject to the conditions listed and with a ' small change to Condition 18 for the last sentence to read for work on Saturdays and SundJJys. Overtime inspection rate will apply for all after hour Saturday and Sunday work. He concluded his presentation. . Cm. Fasulkey asked Staff if the original house was 3,600 sq.ft. as it was approved. Mr. Byde stated it was 3,400 sq.ft. with an additional 200 sq.ft.larger garage. Cm. Fasulkey a~ked the current living space. Mr. Byde responded it is 2,950 with 550 for garage. Cm. King asked the size of the homes fronting Rolling Hills. Mr. Byde 5tated approximately 2,700 to 3,300 sq.ft. Cm. King asked the purpose of no construction five feet from the drip line requirement. Mr. Byde stated it is typically where the most sensitive root development is located. Cm. King asked if the soil for this site is different than the soil for the Black Mountain lots. Mr. Byde stated the other lots are very steep not allowing the soil to become compacted around the root system. When walking along those lots, your feet typically sink into the soil, which is a where a healthy root system will thrive. Lot 1 is different because it is a flat graded pad on that .. portion which extends just beyond that drip line. The arborist determined that the compacted soil is not best suited for root development. This area is the location of the proposed residence. Cm. King asked how the soil got compacted. Mr. Byde stated probably from being driven on it. There was probably soil distributed there during the original subdivision improvements. Cm. King asked if that would of harmed the tree. Mr. Byde stated it was not the best for the tree. However, impacting a small area of the roots is not going to damage the tree. Cm. Fasulkey asked if there were any questions for Staff; hearing none he asked if the Applicant was available. Alexander Loukianoff, Owner stated his intention for purchasing that lot was to build a single family residence that would compliment the area. He has taken into consideration his neighbors and at street level it looks like a single story home. They worked with staff to address a the issue and worked with an arborist to minimize the impacts to that tree. .. Cm. Fasulkey asked where does he currently live. Q){.:1r1.rIÙ1B ("om1r1u...ioll 'R..~~JU¡d'f ~~,l,·t)Un,q 99 ~:WLl),' /1/ 2004 q s; LíÖ to *, Mr. Loukîanoff responded Alamo. e Cm. King asked if the homeowners association has approved the plan. Mr. Loukanoff said there has been no conflict with the homeowneIs association. Cm. Fasulkey asked if there were any members of the public that wished to address the Planning Commission. Mr. Bewley stated he lives on Brittany Lane and must point out some issues related to the lot. He stated verbatim - when the first developer bought this property, the issue on the trees with the location and the drawing of the trees, the actual survey for tIee in relationship to the homes they had an error that they contested on either lots. I'm going to tell it straight as matter of public record in particulaI lot eight which is one of the other lots and I presume lot one because it is consistent. we can show an absolute fraud of the developer at that time. We have pictures of lines where they had actually done a complete drawing and a complete survey marked with stakes into the trees where they knew where the dxip line was. They had done a field land survey, in it was an error. We got into a big battle - I'll withdraw fraud and caIl it very unprofessional. Maybe they made a mistake, but let me tell you it was done by a land survey to the inch. All of a sudden the drawings showed diHerent ~ reMan apparently they used an aerial photograph, the shadow on the trees cast a different way there was an inconsistency. This was a highly contested issue on lots 8 and 9. Lot 1 was part of the process because it had the tree. At the time the original developer was insistent in to the trees and we got into a real fight of the e interpretation of resolution 81-85 which of course had the provision that you had to go 25 feet from the drip line. The Applicant proposed into the tree quite far on lot 8 and 9. They were going to cut so far into the tree that we determined they were not acting in good faith. They had a very long and lengthy appeal. We got another arborist report, which completely contradicted their report and stated it would kilJ the tree. Cm. Fasulkey stated to try and stay focused on the project. Mr. Bewley said there is a lot of history and that you need to know the history. As a result of a compromise, a house went closer to the street and 13 feet from. the curb. The Council admitted it was a mistake. Why did it go to 13 feet is because of the trees including this tree on lot 1. In a resolution of Feb. 20,2001, they had provision that stated No structure shall encroach within 5 feet of the drip line of a heritage tree. They shall have a tree protection zone be established at the drip line and 110 grading, eXCllvation, construction or storage of materials shall occur within this zone. The Council held so firmly to that - they allowed a house 13 feet from the curb and that was a bad decision but it showed how important they held the drip line of the trees at that time. Currently lot 8 - relevant to lot 1 is going to be before the Commission, they cannot be within 5 feet of the drip line of the tree. There are new st¡mdards and new tests, and it is not five feet .a from the drip line of the tree. The new test is that there is a tree protection zone, redefined for ., this lot. It is defined as - an area completely surrounded around those trees to the satisfaction of the City's arborist. New test- new standard.i fl¥;mIlÙW C(Jlt~lm~~ÚJ..lf 'RfIJu{¡Jr ;Mtt:tirl# 100 ~1(")I J I, 2()()4 'Í (p ø}.. l([) '-'\- He stated that the Planning Commission would have an issue with lot 8. The same standar(i.-\ should be applied to Jot 1 of five feet from the drip line. Cm. King asked if at one point the margin was 25 feet from the drip line. e Mr. Bewley stated that the original approval required an arborist report for projects within 25 feet. Cm. Fasulkey asked if he is contesting this arborist report. Mr. Bewley stated he is not trying to contest this arborist report but bring forth inconsistendes that oœurred with the Black Mountain project. Nick Loukianoff stated he agrees with some of the things Mr. Bewley said. The information he received from the seller was fraudulent. They were very upset by that. They are willing to conform to the City's standards. They were aware that the tree was a major concern and hired another arborist for a second opinion. They were in agreement with the City. Cm. Fasulkey dosed the public hearing. Cm. King stated he is sympathetic with the Applicants being misled by the seller. What concerns him is conflicting arborist opinions. Cm. FasuIkey asked Mr. Byde if there are conflicting arborist opinions for this tree. Mr. Byde said no there are no conflicting reports. e Cm. King said he does not believe there should be an exception to the Heritage Tree Ordinance. He cannot approve at this time. Cm. Machtmes said he is not uncomfortable with relying on the experts. Cm. Fasulkey said there are no life threatening factors to the tree. He is inclined to vote for thLs project. He is not impacting any of his neighbors with view corridors and they have a rightto build. He st'lted he does not have the heart to stop them building for five feet of Sp'lcc. em. King appreciates the idea that the City has an arborist and he has expressed an opinion about the tree and the Planning Commission should go along with it. He said there is something that does not make sense on this. The 25-foot margin for the original properties and the reduction of 5-feet margin for the other properties was established because if you build over the roots it will kill the tree. Here is a situation where the land is already compressed and the tree is not dying. Cm. Fasulkey stated that is not what the study is stating. The way the soil conditiol'1S were, the tree grew in such a shape that there are no existing roots in the location of the proposed a residence. He asked for Staff to clarify. ., (P(¡mtdng Cmmrn.I'Ú¡m !f?;':I}¡¡[iJ,I' .'M.tt1t.fn¡'J 101 ~ay II, 2()04 Cll*'ID-t Mr. Bydesaid because of the ground and the compacted nature of the soil, oak tree roots wou'r'd not and have not thrived in this location. The shape of the tree shows that it isnot growing in tha t direction. The five-foot setback was a general recommendation from the arborist to the .. Brittany Lane project and is not found in the Heritage Tree Ordinance. In this situation specific .. to this tree and residence, a setback less than five feet was determined to be appropriate by the arborist. Cm. Fasulkey asked for a motion. On motion by Machtmes, seconded by Cm. Fasulkey, by a vote of 2-1-2, with Cm. King opposed and Cm. Nassar and Jennings absent the Planning Commission approved RESOLUTION NO. 04·42 A RESOLUTION OF THE PLANNING COMMISSION APPROVING P A 03-040 LOUKIANOFF SITE DEVELOPMENT REVIEW FOR A SINGLE- FAMILY RESIDENCE ON AN EXISTING LOT (LOT 1) AT 11299 ROLLING HILLS DRIVE Ms. Ram explained the City's appeal process. 8.5 P A 04-017 City-Initiated Accessory Structure Amendment to Dublin Ranch Planned Development Zoning Districts (Phase 1, Area, A and Area F North) to allow one 120 square foot accessory structure to be exempt from lot coverage requiTements. e Cm. Fasulkey opened the public hearing and asked for the staff report. Kristi Bascom, Associate Planner presented the staff report and explained that the City-initiated amendment is based on Zoning! Code Enforcement problems. The current PD regulations restrict those homes who are at their maximum lot coverage from putting anything else on the site, proposal would allow homeowners one 120 square foot accessory structure to be exempt from lot coverage requirements. In Dublin RaIlch, many of the homes are already built at the maximum lot coverage allowed by the PlaIUled Development Zoning Districts. Since the maximum lot coverage has already b~en reach~d, these homeowners are unable to construct any additional square footage on their property, including any accessory structures. The purpose of this amendment is to allow a small amount of additional construction on constrained lots, and exempt one 120 square foot accessory structure from the lot coverage requirements for the Planned Development Zorring Districts. This will allow homeowners to build a small shed, gazebo, patio cover, or other similar structure as long as all other requirements of the Dublin MUIùcipal Code (including minimum setbacks and maximum height) are met. As a result of the size of homes being built in the Dublin Ranch neighborhoods, in most cases, the house itself uses the maximum development potential of the lot and there is no room "left .. over" for additional structures to be built within the lot coverage restrictions. This leaves _ homeowners who wish to build an arbor, trellis, shed, gazebo, or other shade structure without the ~uare footage to do so. The City's Code Enforcement Officer is finding that a majority of " . {. ie,¡ I ¡Ii 'i,::' ~ ~)~III1:'i.'" ¡nlJ 102 H..~'~ !,', ,:;,": '.,( i;.'¡:I.li""",If",,·r':lf:': .-- q~~C\ \c~ RESOLUTION NO. 82-85 A RESOLUTION OF THE CITY COUNCIL OF T~E CITY OF DUBLIN e , ------------------------------------r-------------- APPROVING THE SITE DEVELOPMENT REVIEW APPLICATION PA 85-035.3 HATFIELD DEVELOPMENTICORPORATION INVESTEC. INC. ¡ , , WHEREAS, Hatfield Development Corporation-Investec, Inc. have submitted detailed Site Development Review plans for the 175-lot single family reeidential (70+ acres) and common open epace (18.6. aacree) project tMat collectIvely make up Tentative Maps 5072. ;073, and 5074 being the remaining, unrecorded single family r'esidential portions of Tentative Map 4859 (APN 91..1-1007- 34, 7-40 and 7-44): and WHEREAS, the Planning Commission¡did hold a public hearing on tMe matter at their regularly scheduled meeting On July 15, 1985: and WHEREAS. the Planning Commission adopted Resolution No. 85-042 recomnlending that the City Council approve PA 85-035.3 Hatfield Development Corporation -Investec;. Inc.; and WHEREAS, proper notice of the July 15. 19$5. Planning Commissicn a.nd the August 12, 1985, City Council public hearings were given 10 all respects as required by law; and WHEREAS, the Staff Report was submitted recommending that the Site Development Review be approved SUbject to conditions prepared by Staff and reflected i~ the Planning Commission Resolution No. 85-01..2; and WHEREAS, tMe City Council did hear and consider all said reports and recommendations as herein above set forth; and WHEREAS, the City Council considered and reviewed the submittal information at their regularly scheduled meeting on Au&ust 12, 1985: and WHEREAS. the City Council had previously adopted a Ne&ative Declaration of Environmental Significance for the project; and e WHEREAS. Development Rev1ew irnpact~ the City Council finds that the proposed Site will not have a 3igni~icant environmental NOW THEREFORE BE IT RESOLVED that the Dublin City Council does hereby find: 1 The Site Development Review request ia sUbstantially consistent with the intent and requiremente set forth within the condìt1ons of: approval covering thi.s; property $pacifically as set forth by Resolution No. 17-84 of the Dublin City Council (PA 8}-073: Tentative Map Extension), the Findings and General Provisions for the 1478th Zoning' Unit approved by Alameda Oounty on July 20, 1981, and Resolution No. 85-33 of the Dublin Planning Commission (PA $5~OJ$; Conditional Use Permit) . . 2 The approval of the Site Development Review will be consistent witM the Dublin Qeneral Plan. 3 The proposed Site Development Review reques~ will not have a si~nificant environmsntal impact. e -1- ATTACHMENT '1 e e e ""~'. ~ .qqt LOi{ 4 Tne S>te Development Review request is appropriate for the subjeot property in terms of being compatible to existing land useõ >n 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. The proposed Site Development Review request will not have substantial adverse effects on health or safety or be' suostentially detrimental to the puolic welfare, or he injurious to property or puhlic improvements. General site considerations, including site layout, orientation and the location of bUildings, vehicular acceSS, circulation and parking, setbacks, public safety. and similar elements have bean designed to provide .8 de6irable environment for the development. General architectural considerations including the character, scale and quality of the design, the architeotural relationship, with ~he site and other buildings. building materials, colors and similar @l~ments have been incorporated in order to insure compatibility of this development with its deõign concõpt and the character of adjaoent buildings and "Use:5. 5 6 7 General landscape conaiderations 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 publìc. 9 The site i5 physicalJ.y suitable for the proposed development in that the sit" is indicated to oe geologically sat>sfac~ory for the type of development proposed in locations as shown, provided geological consul~ants' recommendations are followed; and the site is in a good location regarding public services a.nd facilities. 8 BE IT FURTHER RESOLVED TRAT the Dublin Planning Commisõion finds that the Site Development Review PA 85-035.3 is an integral part of the Planned Development (PD) Zoning and ?rezoning of the subject property; and BE IT fURTHER RESOLVED that the Dublin Planning Commission does hereby recommend that the City Council and Planning Director approve the Site Development Review PA 85-035.3 subject to the condi~ion5 listed below: CONDITIONS OF APPROVAL: conditions shall bUl n ermits. t '8 ann n e be ach artment Unless otherwise s ecified the followin com e w~t r or to lSsuance 0 the item 15 su act to rev~ew en a rova un e55 otherw ae speci le ~ 1. Excep~ as specirically modified Or elaborated upon by the conditione listed below, site development of the 89+ acre - 175 ¡¡nit single family residential /common open space remainder of the Nielsen Ranch Subdivision (Tentative Map 4$59) shall conform to the Conditions of Approval established by Resolution No, 85-33 of the Dublin Planning Commission approved on July 1, 1985; for City Fil" PA 85-03$, Conditional Land Uee Perroit. 2. Development shall be generally consistent with the following suomittals; A. Tract 5072 Plot and Grading Plan. prepared by Wilõey and Ham and dated received by the Dublin Planning Department MeY 17, 19$5. _2_ .. ......,. i l,V(ìp10 10 ...{ B. Tract 5073 Plot and Grading Plan. prepared by Wilsey end Ham and deted received by the Dublin Planning Department J~ne 6, 19B5. e C. Tract 5074 Plot and Grading Plan, prepared by Wilsey and Ham and dated received by the D~blin Planning Department June lB, 1985. D. Floor Plan and Elevations - Dublin Heights, prepared by Emil Benes Associatea, architecture and Planning, and dated received by the Dublin Pla.nning Department May 17, 1985. Dublin Heights - Exterior Color SChedule, prepared by Hatfield Development Corporation and dated MAy 6, 1985. Nielsen Ranch - Custom Quality Features, prepared by " Hatfield Development Corporation, and dated July 1, 1985. E, F. G. Nielsen Ranch - Rear yard depth on lots indicatad as having less than 15' level, prepared by Wilsey & Ham and dated reoeived by the Dublin Planning Pepartment August 12, 1985. Colleotively these submittals constitute Exhibit "E" on file with the Dublin Planning Department (PA 85-038), J. Unless otherwise stipulated in these conditions of approval or by sub5equently approved Site Development Reviews oovering the lots in this project, development of the single family residential lots in this project shall oonform to the following design criteri~j , Front Setback 20' minimum Hear Se.t.back 20' minimum* (with a 15' minimum olear and level area from building to adjoi~ing top or toe of ~y engineered slope area steeper. then a three-horizontal-to-one~ve~tical ratio) , e Sideyards 51 minimum and 15' aggregate minimum (The minimum sideyard shall be increased to a wldth of 6' to 81 wherever feasible, and shall include a 5' minimum width clear 20ne for ci~culation and maintenance purposes adjoining the structure placed on each lot which shall be clear and level. Wherever feasible a 10' clear and level .ope, for possible future vehicular access to rear yard areas and for maintenance purpoecs (excluaive of any 4' lift or drop where front- to~rea, split level units are established). shall be provided adjoining the structure placed on each lot in this 6ubdivision. This 10' clear and level .one shall be provided along the aideyard adjoining the garage wherever feaaiblé) . Street-Side Sideyard Setback - 15' minimum e -3- e . . .~ ."" \C)tflb I<O~ Except as specifically modified by the above listed design criteri~, Qr ~s established elsewhere in õhe condition. or approval for thi, project, the lot' developed in this project shall be subjeCt to the guidelines or the R-1-B~E; Singh Family Residential Combining District (with 7,000 sq. ft. m1nimum lot 8i~e and 70' minimum average width) as regards both land use restriotiono and minimum/maximum developmept criteria. * Rear yard setbacks for Lots 1-10 of Block 5 - Tract 5073 may be reduced bslow this 20' stapdard as gepsrally depicted on the Plot and Grading Plan covering those lots. Rear yard clear and level areaS for custom, modified p¡aps apd produotion unitS lisôed on the submittal identiried in Condition #2.G. above may be reduced to less than the 15' standard as generally indicated by that submittal. 4. Site grading 5§gregating in excess or fifty cubic yards aDd/or' placement of anoHlary detached structures ag¡¡;regating ip excess of 100 sq. ft, in size located ip excess of thirty~fivs feet from the priDciple rssidences established on the following lots shall not occur until a Site Development Review applicatioP is processed pursuant to Section 8-95.0 of the Zoning Ordinance; T,'aot 5072, nock 1. Lots 1 &: 4-6 Block 2, Loõs 7-9 7ract 5073 Blook 1, Lots 1, 3, 4 & 6-u Block 2, Lots 1, 41 12, 13 & ¡6-21 Trac~ 5074 Block 1, Lots 2-10 & ¡4-19 Block 3, Lots 1-16 &. 18-22 5. Slope areaS with a gradient steeper then three-horizonta¡- to-one-vertical oreated in conjunction with this project with the resultant slope height in eXCess 0", seven feet shall be plar>ted with 15-sallon sised trees within 60 days of the site's rough grading. Plapting ratios to be observed for these areas shall be one tree @ 1,000+ square feet of slope area. In addition to the t~ees requirad at rear and/or side slope areas 1 ~ minimum or two on-site tree shall Oe provided by the developer a¡ong the frontage of the ¡ota established by this development. These trees shall be of a minimum s~.e of 15-gallops and shall be of a species determined acceptable by the Planning Department. Trees in slope areas of ipdividual lots and within the Common Open Area" shall be irrigated and sha¡l be maìntained by the developer until the individual units are initially occupied and the ownership of ~he COmmOn open areas is assumed by the Homeownerls Association for this projecõ. Irrigation of trees within individual lots sh~ll be by separatB irrigation systsms to be the responõ1bility of the future individual property owner5. 6. The height of cusõom or modified ~omes shall noõ exceed twenty-five (25) fest as measured perpendicularly from natural grade. Skirt heights screening updevelaped. non-living space for custom or mod:lfied homes (measured from natural grade to fin1Bhed floor elev~tion8) shall not axceed a maximum of nine (9) feat. Deviation and/or refinement Df these 5~a~dards may be considered as part of the Site Development Review proca~s covering thes€ lots. 7. The design, location and materials of all fencing, and of ~ll retaining walls install by the developer, ,hall be subject to review and approval by the Planp1ng Director. Provision of oommon fences for all side and rear yards shal¡ be the responsibility o.f the dsveloper. Féncing insyal¡ed by the developer ~t the bottom or top of slopes higher than ten feet, and/or fences of rear yards with a high visibil~ty from adjoining down slope a.rea$1 may be designed with af). open meßh material, subject to rev1ew and approval by the Planning Director as regards location and. material utilized. -4- ,- ,-, [02."::0 /1;)'1 8. An adjustment to downslope fill areas shall be made below the following lots to provide a more rounded, finished design more rsf"lect1ve of surrounding natu.ra.l slopes; e Tract 5072: Block 2 - Lots 7 - 9 Tract 5073; Block 3 - Lot 1 Tract 5074; Block 1 - Lots 25 - 2$ 9. Stem access areas into the Common Open Space Areaa ahall be graded to 'accomodate vehicular eptry. Final grading plans for these areaa shall be sUbjsct to review and approval by the City Engineer, the DSRSD - Fire Department and by the. Dublin Police Department as regards maximum horizontal and croas slopes. Provis10n of bollards apd/or gated access entrys to these areas from adj01p1ng public s~raeta shall be subject to review and approval by the same three parties. 10. Adjustment to Lots I, 2, and 23 to 26 of Block 4 of Tract 5073 shall be made to generally conform to the Staff Study prepared for ~hat area and dated July 10, 1985. These modifications ahall be made to increase the olear, level rear yard area of LOt 2 and to provide a minimum 15-foot street-side "ide yard eetbaok for Lot 23. 11. A new, Common Open Space Area shall be established encompas5ing the bulk of the ungraded slope areas of Lots 1, 2, 12-14, and 16-19 of Block 2 - Tract 5073. Appropriate vehicular access to this new oommon open space areash~ll be aupp11ed and sh~ll be ~ubject to review and approval by the Planning Director, the City Eng~neer and the DSRSD-Fire Department. Heavy irrigated landscaping on the cut ~lope area. above ~he adjöining the cul- de-sac bulb fo~ Cloud Court (slopes within 75 of the cul-de-eao on Lots 12 and 13 of Block 2 ~ Tract 5073') .hall be prDvided by the developer and maintained as part of the new cOmmOn open space area by the project!s future Horneowner!s Association. . 12. The twelve custom lots proposed for development within this ?roject are subject to individual, or grouped Site Devalopment Review applications pursuan~ to Section S~95.0 of the Zoning Ordinance. Grading for these lots snall be m1n¡mized to tne greatest extent possible while creating reasonably sized, funct¡onal exter101' living areas (padded yard areas and/o~ ra,ised deck areas). 13. To the greatest degl'ee feasible, the site grading Rnd drainage established in proximity of the north weet corner of the adjoining Dolan School Site (APN 941-100-7-26) shall be coo~dinat@d to provide smooth, uniform slopes and intergrated drainage systems. 14. The adjo¡ning lands identified as the 3.5+ acre Common Open Space Area - Parcel "D" of TePtative Map 4859 Shall be retainsd within the I'emaining, unsubdivided portion of the N¡e1sen Ranch holding. Access to this ares shall be provided between LDts 15 and 16 of Block 3 - Tract 5074. 15. The ?ad elevation and lot configuration of Lots 8, 22 and 23 of Block 1 - Tract 5074 shall be modified to gene~ally conform to the Stafr Study prepared for tnat area and dated July 10, 1985. These modirications shall be made to allow the height of the driveway ramp for Lot 8 to be lowered a minimum of 4'-6' to decrease its impact en adjo¡ning Lot 9. 16. Project grad1ng performed within 25 feet of the drip 11ne of existing onsite or offsite trees shall be addressed by a horticultural report and the recommendations and findings of that report incol'porated into the grading and 1mprovemsnt plans of this proj ect. e -5- . . ,- ~ \O?~ l0't 17. The lot configurations of Lota 3 - 6 of Block 3 - Tract 5074 ahall be modified to generally conform to the Staff Study prepared for that area and dated July 10, 19$5. These modificat.ion. shall be made to limit. the encroachment Of Lot 4 (lot. configuration, unit placement and site grading) into the adjoining open space lands. The required minimum clear level ar.a at the rear of the structure developed on this lot may be reduced to fi va feet.. 1$. Grading above Custom Lots 17 - 19 of Block 2 - Tract 5074 shall be modified to provide deeper bllilding pads and a smoother, rounder graded faoe for Ollt slopes established above these lots. 19. The developer shall confer with the local postal authorities to determine the type of mail receptacles necessary and provide a letter stating their satisfaction with the type of mail service to be provided. Specific locations for such units shall be to the satisfaction of the Postal Service. 20. Prior to the issuance of grading or building permits, a detailed phasing plan shall be submitted for review and ~pproval by the Planning Director indicating phasing o£ construction and installation of p~Cj8Ct structures, road$, drainage improvemente. improvements with common open aress and required landscaping and irrigation improvements. 21. Signs e5~ablished for project identifica~ion (as regards to number, sioe, loca~ion, copy and design) shall be subject to re,iew and approvel by the Planning Director prior to installation. 22. Prior to the issllance of building permite. the developer 5hall submit a letter documenting that the ordinance requirements o£ the DSRSD-Fire Department have been satisfied. 23. The oonfigll~at.ion and Ilnit plotting fo~ Lots 1-5 of Block 1 _ Tract 5073 shall be modified to generally conform to the Staff Study prepared for that area and dated July 10, 19$5. These modifications shall be made to maximum the distance between the st~uctures respectively at be located on Lots 3 & 4 and to allow the propoaed headwall to be moved further up the existing swale area and to allow a corresponding reduction of the amount of fill placed in said swale area. Based upon hie review of the revised plot and grading plan for these two lots. it shall be at the Planning Direotor's discretion whether development of the two lots shall be with custom designed structureS. The decision to require, or not reqüire¡ custOm units shall be tied to the degree that grading within the swale area and the related impacts to existing vegetation is minimioed by application of the reqllired revisions to lot configuration and unit location. PASSED, APPROVED AND ADOPTED THIS 12th day of Augllst, 1985. AYES, Councilmembers Hegarty, Jeffery, Moffatt, Vonheeder and Mayor Snyder NOES: None ABSENT, None Ä/f'r- I' or e~J.~ -6- -e- . ...____.__..".___.__..__....__n____.__....__.,.._ .------ ~ '" "'IJ <0 AJ <0 0 '" "'IJ E :r: 0 (/) » ..., z 0 " ,- :L ..., "'IJ , ~ » AJ ,.... 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