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HomeMy WebLinkAboutPC Reso 12-45 Moller Ranch Vesting Tentative Tract Map 8102 RESOLUTION NO. 12- 45 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING VESTING TENTATIVE TRACT MAP 8102 FOR THE PROJECT KNOWN AS MOLLER RANCH (APNs 985-0001-001, 985-0001-001-02) PLPA-2011-00003 WHEREAS, the Applicant Braddock and Logan Services ("Applicant") submitted applications for Moller Ranch, ("Project Site"); and WHEREAS, the applications include: 1) General Plan and Eastern Dublin Specific Plan amendments to change land use designations; 2) Planned Development Zoning Amendment with related Stage 1 and Stage 2 Development Plan; 3) Vesting Tentative Tract Map 8102; and 4) Development Agreement for a residential development of 370 single family units; and WHEREAS, the Project Site and applications collectively define this "Project" and are available for review in the Community Development Department; and WHEREAS, Moller Ranch is located north of the intersection of Fallon Road and Tassajara Road, east of Tassajara Road, and adjacent to the Alameda County/Contra Costa County line; and WHEREAS, the Project site generally is vacant land except for two residences and some existing farm buildings and most recently has been used for cattle grazing; and WHEREAS, on November 27, 2012, the Planning Commission held a public hearing and recommended that the City Council certify a Supplemental EIR, adopt General Plan and Eastern Dublin Specific Plan Amendments for the project as stated above, adopt a Planned Development (PD) Zoning Amendment with related Stage 1 and Stage 2 Development Plans, and approve a Development Agreement (Resolutions 12-47, 12-43, 12-44 and 12-46, respectively, which resolutions are incorporated herein by reference); and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted recommending that the Planning Commission approve the Vesting Tentative Tract Map 8102; and WHEREAS, the Planning Commission did hold a public hearing on said application on November 27, 2012, at which time all interested parties had the opportunity to be heard; and WHEREAS, the Planning Commission did hear and use independent judgment and considered the Supplemental EIR and prior EIRs, all said reports, recommendations, and testimony hereinabove set forth prior to taking any action on the Project; and WHEREAS, in 2007 a Supplemental Environmental Impact Report (SCH #2005052146), was certified by the City Council on May 1, 2007 by Resolution No. 56-07 (incorporated herein by reference) which addressed potential environmental impacts resulting from a plan proposed for Moller Ranch and the adjacent 12.5-acre Tipper property ("Moller/Casamira Valley SEIR"); and WHEREAS, a second Supplemental Environmental Impact Report ("Moller Ranch SEIR") (SCH #2005052146) has been prepared for the Moller Ranch Project currently proposed pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines; and WHEREAS, the Eastern Dublin EIR and the Casamira Valley SEIR identified significant unavoidable impacts, some of which would apply to the Project. Therefore, approval of the Project must be supported by a Statement of Overriding Considerations; and WHEREAS, on November 27, 2012, the Planning Commission approved a Resolution recommending that the city council certify the Moller Ranch SEIR. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Dublin does hereby make the following findings and determinations regarding the Vesting Tentative Tract Map 8102: Vesting Tentative Tract Map 8102 A. The proposed Vesting Tentative Tract Map 8102 is consistent with the intent of applicable subdivision regulations and related ordinances addressing the Project Site in that the subdivision meets or is conditioned to meet all applicable development regulations. B. The design and improvements of the proposed Vesting Tentative Tract Map 8102 is consistent with the General Plan and the Eastern Dublin Specific Plan, as amended, to allow Single-Family Residential, Semi-Public, Open Space/Stream Corridor, Neighborhood Park and Rural Residential/Agriculture uses, and is consistent with nearby residential neighborhoods designated for this type of development. C. The proposed Vesting Tentative Tract Map 8102 is consistent with the Planned Development zoning approved for the Project through Ordinance -12, and therefore consistent with the City of Dublin Zoning Ordinance. D. The lots created by the proposed Vesting Tentative Tract Map 8102 will have adequate access to major constructed or planned improvements as part of the Moller Ranch project-related improvements and Eastern Dublin Specific Plan. E. Project design, architecture, landscape and concept design have been integrated with topography of the project site created by the proposed Vesting Tentative Tract Map 8102 to minimize overgrading and extensive use of retaining walls. Therefore, the proposed subdivision is physically suitable for the type and intensity of development proposed. F. The Mitigation Measures and the Mitigation Monitoring programs adopted with the Eastern Dublin EIR, the Casamira Valley SEIR and the Project Supplemental EIR are applicable as appropriate for addressing or mitigating any potential environmental impacts of developing the Project and Project Site, as documented in the Supplemental EIR. 2 G. The proposed Vesting Tentative Tract Map 8102 will not result in environmental damage or substantially injure fish or wildlife or their habitat or cause public health concerns. H. The design of the subdivision will not conflict with easements, acquired by the public at large, or access through or use of property within the proposed subdivision. The City Engineer has reviewed the map and title report and has not found any conflicting easements of this nature. BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin does hereby approve Vesting Tentative Tract Map 8102 for Moller Ranch for 370 residential lots prepared by MacKay & Somps Engineers, Planners & Surveyors dated August 2012 and included as Exhibit A to this Resolution and located in the project binder in the Section titled: Vesting Tentative Tract Map, subject to the Conditions included below. CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use, and shall be subject to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of a• •roval. PL. Plannin• B Buildin• PO Police P Public Works P&CS Parks & Community Services, fADM 1 Administration/City Attorney, [FIN1 Finance, [F1 Alameda Count Fire De•artment DSR Dublin San Ramon Services District CO Alameda County Department of Environmental Health, RZ71 Zone 7. NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: PLANNING,DIVISION { F . Approval. This Vesting Tentative Tract Map approval PL Ongoing Standard is for the subdivision of 370 residential lots, plus other lots generally as shown on the map prepared by MacKay & Somps dated received August 31, 2012 on file in the Community Development Department, and as specified by the following Conditions of Approval for this project. This approval is further subject to City Council certification of the project Supplemental EIR, and approval of the companion General Plan and Eastern Dublin Specific Plan amendments, and Planned Development Stage 1 and Stage 2 Development Plan becoming effective. The Vesting Tentative Tract Map is further subject to compliance with all applicable Mitigation Measures of the Moller Ranch Supplemental EIR and the prior EIRs referenced therein. 2. Time Extension. The tentative map approval shall be PL Two years Standard valid for an initial period consistent with the following Subdivision Map Act and Dublin Municipal Code. The approval date subdivider may request an extension of approval prior (per Subdv. 3 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: to expiration, as further provided in Municipal Code Map Act) section 9.08.120. All time extension requests shall be considered at a noticed public hearing . 3. Requirements and Standard Conditions. The Various Issuance of Standard Applicant/Developer shall comply with applicable Building Permit Alameda County Fire, Dublin Public Works Department, Dublin Building Department, Dublin Police Services, Alameda County Flood Control District Zone 7, Livermore Amador Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services District and the California Department of Health Services requirements and standard conditions. Prior to issuance of building permits or the installation of any improvements related to this project, the Developer shall supply written statements from each such agency or department to the Planning Department, indicating that all applicable conditions required have been or will be met. 4. Modifications: The Community Develo9pment Director and/or the Public Works Director may consider modifications or changes to these Conditions of Approval if the modifications or changes proposed comly with the applicable Sections of the City of Dublin Zoning Ordinance. 5. Clean up. The Applicant/Developer shall be PL Ongoing Standard responsible for clean-up and disposal of project related trash and for maintaining a clean, litter-free site. 6. Controlling Activities. The Applicant /Developer PO, PL Ongoing Standard shall control all activities on the project site so as not to create a nuisance to the surrounding residences. 7. Noise/Nuisances. No loudspeakers or amplified PO, PL Ongoing Standard music shall be permitted to project or be placed outside of the residential buildings during construction. 8. Accessory Structures. The use of any accessory PL, B, F Ongoing Standard structures, such as storage sheds or trailer/container units used for storage or for any other purpose during construction, shall not be allowed on the site at any time unless a Temporary Use Permit is applied for and approved. 9. Site Development Review: This project is subject to PL Issuance of Project Chapter 8.104 of the City of Dublin Zoning Code, Site building permit Specific Development Review for any structures to be constructed on site. 4 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: 10. Fees. The Applicant/Developer shall pay all PW Zone 7 and Standard applicable fees in effect at the time of building permit Parkland In- issuance including, but not limited to, Planning fees, Lieu Fees Due Building fees, Dublin San Ramon Services District Prior to Filing fees, Public Facilities fees, Dublin Unified School Each Final District School Impact fees, Public Works Traffic Map; Other Impact fees, City of Dublin Fire Services fees, Noise Fees Required Mitigation fees, Inclusionary Housing In-Lieu fees, with Issuance Alameda County Flood and Water Conservation of Building District (Zone 7) Drainage and Water Connection fees, Permits and any other fees either in effect at the time and/or as noted in the Development Agreement. 11. Final landscape plans, irrigation system plans for PL Issuance of Standard backbone infrastructure and any common area permits for site landscape including bioswales, tree preservation improvements techniques, and guarantees, shall be reviewed and approved by the Dublin Planning Division prior to the issuance of the permit for site improvements. All such submittals shall insure: a. That plant material is utilized which will be capable of healthy growth within the given range of soil and climate. b. That proposed landscape screening is of a height and density so that it provides a positive visual impact within three years from the time of planting. c. That unless unusual circumstances prevail, at least 75% of the proposed trees on the site are a minimum of 15 gallons in size, and at least 50% of the proposed shrubs on the Homeowners Association parcels are a minimum of 5 gallons in size. d. That a plan for an automatic irrigation system be provided which assures that all plants get adequate water. In unusual circumstances, and if approved by Staff, a manual or quick coupler system may be used. e. That concrete curbing is to be used at the edges of all planters and paving surfaces where applicable. 5 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: f. That all cut and fill slopes conform to the vesting tentative map and Stage 2 Development Plan. g. That all cut and fill slopes graded and not constructed by September 1, of any given year, are hydroseeded with perennial or native grasses and flowers, and that stock piles of loose soil existing on that date are hydroseeded in a similar manner. h. That the area under the drip line of all existing oaks, walnuts, etc., which are to be saved are fenced during construction and grading operations and no activity is permitted under them that will cause soil compaction or damage to the tree, if applicable. i. That a guarantee from the owners or contractors shall be required guaranteeing all shrubs and ground cover, all trees, and the irrigation system for one year. j. That a permanent maintenance agreement on all landscaping will be required from the owner insuring regular irrigation, fertilization and weed abatement, if applicable. 12. Water Efficient Landscaping Regulations: The PL On going Standard Applicant shall meet all requirements of the City of Dublin's Water-Efficient Landscaping Regulations, Section 8.88 of the Dublin Municipal Code. 13. Landscape Plans. Civil Improvement Plans, Joint PL On going Standard Trench Plans, Street Lighting Plans and Landscape Improvement Plans shall be submitted on the same size sheet and plotted at the same drawing scale for consistency, improved legibility and interdisciplinary coordination. 14. Utilities. Utilities shall be coordinated with proposed PL On going Standard tree placements to eliminate conflicts between trees and utilities. Utilities may have to be relocated in order to provide the required separation between the trees and utilities. 15. Chapter 8.72. The applicant shall work with staff PL On going Standard during the preparation of construction documents to refine the landscape design so that it meets the intent of Chapter 8.72 of the Dublin Municipal Code and so that trees can be incorporated into the design as shown on the Preliminary Landscape Plan. 16. Open Space Areas. The open space area that is PL On going Standard 6 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: designated for development shall be planted and irrigated to create landscape that is attractive, conserves water, and requires minimal maintenance. 17. Plant Clearances. All trees planted shall meet the PL On going Standard following clearances: a. 6' from the face of house walls or roof eaves. b. 7' from fire hydrants, storm drains, sanitary sewers and/or gas lines. c. 5' from top of wing of driveways, mailboxes, water, telephone and/or electrical mains d. 15' from stop signs, street or curb sign returns. e. 15' from either side of street lights. 18. Irrigation System Warranty. The applicant shall PL On going Standard warranty the irrigation system and planting for a period of one year from the date of installation. The applicant shall submit for the Dublin Community Development Department approval a landscape maintenance plan for the Homeowners Association Common Area landscape including a reasonable estimate of expenses for the first five years. 19. Final Walls and Fences. Applicant shall work with PL On going Standard Staff to prepare a final fencing and wall plan consistent with the Stage 2 Development Plan that is consistent with Dublin Municipal Code and adjacent subdivisions. 20. Sustainable Landscape Practices: The landscape PL On going Standard design shall demonstrate compliance with sustainable landscape practices as detailed in the Bay-Friendly Landscape Guidelines by earning a minimum of 60 points or more on the Bay-Friendly scorecard and specifying that 75% of the non-turf planting only requires occasional, little or no shearing or summer water once established. 21. Public Art: This project is subject to Chapter 8.58 of P&CS In conjunction Project the City of Dublin Zoning Code, Public Art Program. In with the first Specific conjunction with Site Development Review, the Site Zoning applicant shall submit a Public Art Compliance Report. Development Ord Chp The developer intends to place public art on the Review 8.58 project site and, as a part of the Stage 2 Development application Plan, has indicated potential locations in The Landscape Guidelines. 22. Public Art Easement and Access Easement. The P&CS And in Project Applicant/Developer shall reserve a site and provide a conjunction Specific public art easement and an access easement to the with Zoning City within the development project for a future public recordation of Ord Chp NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: art project in accordance with Dublin Municipal Code final map for 8.58 Section 8.58.050 prior to recordation of the map for the area where the staging area, neighborhood park and/or linear the art is to be trail. provided 23. Inclusionary Housing: This project is subject to PL Recordation of Project Chapter 8.68 of the City of Dublin Zoning Ordinance, the first final specific Inclusionary Regulations. This project shall construct map 12.5% of the total number of dwelling units as affordable units except as otherwise provided in this Chapter. An Affordable Housing Agreement specifying the method of com•liance shall be executed. a. yi � �1nv.,::=�a� a ,� 1 , 24. General Public Works Conditions of Approval: PW Ongoing Standard Developer shall comply with the City of Dublin General Public Works Conditions of Approval contained below ("Standard") unless specifically modified by Project Specific Conditions of Approval. 25. Development Agreement: A Development PW Issuance of Standard As reement shall be executed for this Project. •radin• permit 26. Street Lighting Maintenance Assessment District: PW First Final Map Standard The Developer shall request either the area to be annexed into a subzone of the Dublin Ranch Street Lighting Maintenance Assessment District or within the City wide LMO and shall provide any exhibits required for the annexation. In addition Developer shall pay all administrative costs associated with processing the annexation. 27. Ownership and Maintenance of Improvements: PW Final Map and Project Ownership, dedications on final map, and Ongoing Specific maintenance of street right-of-ways, common area parcels, and open space areas shall be by the City of Dublin, the Homeowner's Association, and a Geologic Hazard Abatement District, as shown on the Ownership and Maintenance Responsibility Exhibit, Stage II submittal, Tract Map 8102, prepared by MacKay & Somps, dated August 2012. 28. Landscape Features within Public Right of Way. PW First Final Map; Standard The Developer shall enter into an "Agreement for Long Modify with Term Encroachments" with the City to allow the HOA Successive to maintain the landscape and decorative features Final Maps within public Right of Way including frontage & median landscaping, decorative pavements and special features (i.e., walls, portals, benches, etc.) as generally shown on Stage 2 Development Plan exhibits. The Agreement shall identify the ownership of the special features and maintenance 8 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: responsibilities. The Homeowner's Association will be responsible for maintaining the surface of all decorative pavements including restoration required as the result of utility repairs. 29. Covenants, Conditions and Restrictions (CC&Rs). PW First Final Map; Standard A Homeowners Association shall be formed by Modify with recordation of a declaration of Covenants, Conditions, Successive and Restrictions to govern use and maintenance of Final Maps the landscape features within the public right of way contained in the Agreement for Long Term Encroachments and the frontage landscaping along Tassajara Road and interior streets. Said declaration shall set forth the Association name, bylaws, rules and regulations. The CC&Rs shall ensure that there is adequate provision for the maintenance, in good repair and on a regular basis, of the landscaping & irrigation, decorative pavements, median islands, fences, walls, drainage, lighting, signs and other related improvements. The CC&Rs shall also contain all other items required by these conditions. The Developer shall submit a copy of the CC&R document to the City for review and approval. 30. Public Streets: Developer shall construct street PW First Final Map Standard improvements and offer for dedication to the City of Dublin the rights of way for Tassajara Road, and interior streets as shown on the Tentative Map, to the satisfaction of the City Engineer. The right-of-way for Tassajara Road shall be dedicated along the entire length of the project with the first final map to be filed. The right-of-way dedication shall be in general conformance with the alignment shown on Exhibit "B" to the Vesting Tentative Map, and as may be modified by the City prior to the map recordation. 31. Tassajara Road Grading / Slope Easements: The PW First Final Map Standard developer shall dedicate grading and slope easements along Tassajara Road as determined necessary by the City Engineer to allow road grading and construction. 32. Moller Creek Culvert: The Tassajara Road culvert PW Culvert plans Standard crossing of Moller Creek shall be replaced and approved, improved in general conformance with the preliminary bonded, and culvert design shown in Exhibit "A" to the vesting permits issued tentative map. The developer shall be responsible for by Resource obtaining all resource agency permits required for the Agencies prior work. The developer shall be responsible for acquiring to 1st final map. right-of-way needed for the culvert and associated Culvert to be 9 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: creek stabilization work from the property on the west under side of Tassajara Road, unless the property has been construction previously dedicated by the property owner or prior to otherwise acquired by the City. Acquisition of offsite construction of right-of-way covered by this condition shall be subject first unit. to Section 66462.5 of the Subdivision Map Act. The Culvert to be developer shall be eligible for Eastern Dublin Traffic completed prior Impact Fee (EDTIF) credits for the cost of the to occupancy improvements, design, permitting, and land, in an of 61St unit. amount not to exceed the cost for the culvert shown in the 2010 EDTIF Update. 33. Tassajara Road Improvements, Fallon Road to PW Culvert plans Project Street "A": Tassajara Road shall be improved from approved, Specific Fallon Road to Street "A" in general conformance with bonded, and the design shown on Vesting Tentative Map, Sheet 9, permits issued Offsite Tassajara Road Improvements. The final layout by Resource and striping plan shall be subject to approval of the Agencies prior City Engineer and City Traffic Engineer. to 1st final map. Culvert to be under construction prior to construction of first unit. Culvert to be completed prior to occupancy of 61St unit. 34. Tassajara Road Improvements, Street "A" to PW Culvert plans Project Contra Costa County Line: The developer is approved, Specific obligated for the grading and construction of the bonded, and frontage improvements on Tassajara Road (grading, permits issued curb and gutter, sidewalk, and 20' of pavement) along by Resource the Tassajara Road frontage from Street "A" north to Agencies prior the Contra Costa County line, consistent with the City to 1st final map. adopted 2004 alignment for Tassajara Road. These Culvert to be improvements may be deferred, pending completion of under a final plan line for this portion the road by the City of construction Dublin and the County of Contra Costa. The developer prior to may elect to be absolved of the responsibility for construction of installing the frontage improvements by deducting the first unit. cost of the frontage improvements from the EDTIF fee Culvert to be credits due to the developer for the reconstruction of completed prior the Moller Creek culvert and associated work on to occupancy Tassajara Road. of 61St unit. 35. Traffic Signal, Tassajara Road/ Street "A": A traffic PW Occupancy of Project 10 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: signal shall be installed at the intersection of 25th House Specific Tassajara Road and Street "A". The developer shall be responsible for the initial cost of the 3-way signal, and Developer may enter into a reimbursement agreement for any cost over 50% of the total signal cost. The developer shall provide an interim 3-way stop sign at the intersection if determined appropriate by the City Engineer. 36. Tassajara Road Overhead Utility Line: The PW Final Map Project developer shall be responsible for undergrounding the creating the Specific existing overhead utility line on Tassajara Road from 60th unit Fallon Road to the northerly side of the Street "A" intersection. 37. Tassajara Road/ Street "A" Traffic Control: The PW Issuance of Project developer shall provide traffic control measures, Grading Specific including flaggers, to allow for the safe entry/ exit of Permits construction traffic to/ from Tassajara Road at Street "A". A traffic control plan shall be submitted for review and approval by the City Engineer and City Traffic Engineer prior to the start of any construction activity. The traffic control measures shall be in place at the commencement of construction and shall remain in place until the traffic signal is operational. 38. Storm Drain Treatment Measures: The developer Applicable Project shall install storm drain treatment measures as shown Final Map Specific on the Vesting Tentative Map, Sheets 11-13. The stormwater ponds shall include a screen or filter at each storm drain pipe outfall into the pond that comply with Section C.10 of the Municipal Regional Permit for Stormwater with regards to trash capture. Water quality measures located within the GHAD parcels shall be maintained by the Fallon Crossing GHAD. New impervious surface area on Tassajara Road shall also be provided with treatment measures; water quality measures serving the road will be maintained by the City unless directed into the GHAD treatment ponds. 39. Street "A": Street "A" shall include a striped bicycle PW Applicable Project lane on both sides of the street. The bicycle lane shall Final Map Specific be 8' wide from Tassajara Road to Court "D" and 6' wide from Court "D" to the terminus. 40. Traffic Calming Measures: Traffic calming measures PW Applicable Project (bulbouts, speed tables etc.) shall be provided on Final Map Specific Streets "C", "H", "L", "K" and "I" as determined by the City Traffic Engineer. Final placement and location shall be subject to approval of the Public Works 11 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: Department and the Alameda County Fire Department 41. Tassajara Road/ Fallon Road Intersection: The PW First Final Map Project Tassajara Road/ Fallon Road intersection shall be Specific modified by restriping and modifying the signal to provide a second left turn/through lane, eastbound from Tassajara Road northbound onto Fallon Road (Mitigation Measures 10-12 from the Project SEIR #1). Final design will be subject to review and approval of the City Traffic Engineer [Or as revised with final M.M. after City/Developer/TJKM response to EIR comments 42. Tassajara Road, 1-580 to Fallon Road: The PW First Final Map Project developer shall pay the proportionate cost of a 5th Specific northbound lane on Tassajara Road from 1-580 to Dublin Blvd 43. Traffic Impact Fees: The developer shall be PW Issuance of Standard responsible for payment of the Eastern Dublin Traffic Building Impact Fee (Sections 1 and 2), the Eastern Dublin I- Permits 580 Interchange Fee, and the Tri-Valley Transportation Development Fee. Fees will be payable at issuance of building permits. 44. Eastern Dublin Traffic Impact Fee Minimum PW Issuance of Standard Payment: The developer shall be responsible for Building payment of a minimum portion of the Eastern Dublin Permits Traffic Impact Fee in cash (11% Category 1 and 25% of Category 2), as specified in the resolution establishing the Eastern Dublin Traffic Impact Fee. These minimum cash payment shall be in addition to any other payment noted in these conditions and may not be offset by fee credits. 45. Neighborhood Park: The Neighborhood Park in PW First Final Map Project Parcel F, shall contain a minimum of 1.1 acres and be Specific shown on the Final Map as future parkland to be dedicated to the City of Dublin on the map or by separate document. The parcel line shall be at the back of curb on Court C. The City will not accept this Parcel until the site is rough graded, including erosion control measures, as generally shown on the Vesting Tentative Map, Sheet 6. Neighborhood parkland credits will be provided once the following occurs: site is rough graded, utilities connections have been stubbed to the park, and the park site is offered to the City via dedication on the final map. 46. Open Space Staging Area: The Open Space PW, CD, Final Map that Project Staging Area shall be dedicated and improved as FD, creates parcel Specific generally shown on the Vesting Tentative Map, Sheets EBRPD or 61st lot. 3 and 6, and the Landscape Design Guidelines. The 12 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: staging area parcel shall include a public access and emergency vehicle access easement over the turnaround area. The turnaround area shall be paved. If the staging area and linear trail is to be gated after hours, the gates shall be set back at the far end of the turnaround so that the turnaround remains open after hours. The staging area shall include an educational component, restroom, drinking fountain, trash receptacles. The final design of the staging area shall be reviewed and approved by the City Public Works, Community Development, and Fire Departments. Access to the PG&E substation shall be provided. 47. Neighborhood Park & Staging Area: Utilities shall PW Final Map that Standard be stubbed to the adjacent Neighborhood Park, and creates parcel Staging Area at locations approved by the City's Parks or 61st lot. Department. 48. Geologic Hazard Abatement District: Prior to filing PW First Final Map Project the first final map, the annexation of the entire project Specific into the Fallon Crossing Geologic Hazard Abatement District (GHAD) covering the entire project shall be completed. The board of directors for the GHAD shall be the City Council of the City of Dublin. The GHAD shall be responsible for the ongoing maintenance of the open space areas (including benches and brow ditches, maintenance roads or trails, and fencing) and the water quality control ponds, and shall include a reserve for unforeseen repair of future slope instability. Developer shall be responsible for submitting all documents necessary for annexation into the GHAD, including a plan of control, which shall include an annual operating budget for buildout of the project, and the petition. Developer shall also be responsible for all administrative costs associated with processing the annexation. An engineer' report shall be prepared and adopted by the GHAD Board, setting the amount of the annual assessment. The GHAD Board shall approve the assessment levy prior to or concurrently with the approval of the first final map by the City Council,. Initial assessments against property owners shall not be lower than ultimate assessments at buildout. The CC&Rs for the project shall contain financial mechanisms, such as deed assessments, enforceable by the City to ensure that the property owners are obligated to pay the costs of maintenance in the event that the GHAD is dissolved or does not have sufficient resources to perform its obligations. 13 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: The CC&Rs shall also include provisions that require the property owners' association to pay the GHAD or City's attorneys' fees in the event that either enforces the Homeowner's Association's obligation to fund maintenance of the open space areas and the water quality control ponds. The CC&Rs shall be reviewed and approved by the City Engineer and City Attorney to ensure compliance with this condition of approval. Ownership of GHAD-maintained parcels shall be by the GHAD in fee as shown in the Vesting Tentative Map. 49. Remedial Grading Plan: The grading plan shall PW First Final Map Standard include a remedial grading plan prepared by the or Issuance of project geotechnical consultant, outlining area of slide Grading repair, benches, keyways, over-excavation at cut-fill Permits transitions, subdrains, and other recommendations of the consultant. The remedial grading plan will be subject to review and approval by the City's own geotechnical consultant. 50. Resource Agency Permits: Prior to the start of any PW Issuance of Standard grading of the site as necessary, permits shall be Grading Permit obtained from the US Army Corps of Engineers, the San Francisco Bay Regional Water Quality Control Board, the State of California Department of Fish and Game, and the US Fish and Wildlife Service for the grading or alteration of wetland areas within the site. The project shall be modified as needed to respond to the conditions of the permits. P -r- OR ENE= r AND e`' -"IF ARP + L FOR .17.1 51. The Developer shall comply with the Subdivision Map PW Ongoing Standard Act, the City of Dublin Subdivision, and Grading Ordinances, the City of Dublin Public Works Standards and Policies, the most current requirements of the State Code Title 24 and the Americans with Disabilities Act with regard to accessibility, and all building and fire codes and ordinances in effect at the time of building permit. All public improvements constructed by Developer and to be dedicated to the City are hereby identified as "public works" under Labor Code section 1771. Accordingly, Developer, in constructing such improvements, shall comply with the Prevailing Wage Law (Labor Code. Sects. 1720 and following). 52. The Developer shall defend, indemnify, and hold PW Ongoing Standard harmless the City of Dublin and its agents, officers, and employees from any claim, action, or proceeding 14 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: 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, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City related to this project (Tract Map 8102) to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however, that The Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying The Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. AGREEMENTS AND BONDS 53. The Developer shall enter into a Tract Improvement PW First Final Map Standard Agreement with the City for all public improvements and including any required offsite storm drainage or Successive roadway improvements that are needed to serve the Maps Tract that have not been bonded with another Tract Improvement Agreement. 54. The Developer shall provide performance (100%), and PW First Final Map Standard labor & material (100%) securities to guarantee the and tract improvements, approved by the City Engineer, Successive prior to execution of the Tract Improvement Maps Agreement and approval of the Final Map. (Note: Upon acceptance of the improvements, the performance security may be replaced with a maintenance bond that is 25% of the value of the performance security.) FEES 55. Developer's share of advanced construction of Fire PW First Final Map Project Stations is determined to be 7.38%. Developer shall Specific pay at the time of the first Final Map an amount as calculated per the Development Agreement between City and Developer. Developer will receive Fire Impact Fee Credits for the amount paid which can be used in accordance with City policies. 56. Tassajara Road Interchange: Developer's share of PW First Final Map Project advanced construction of Tassajara Interchange is Specific determined to be 1.2907%. Developer shall pay at the time of the first Final Map an amount as calculated per the Development Agreement between City and Developer. Developer will receive Traffic Impact Fee Category 1 Credits for the amount paid which can be 15 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: used in accordance with City policies. 57. Fallon Road Interchange: Developer's share of PW First Final Map Project advanced construction of Tassajara Interchange is Specific determined to be 1.5547%. Developer shall pay at the time of the first Final Map an amount as calculated per the Development Agreement between City and Developer. Developer will receive Traffic Impact Fee Category 2 Credits for the amount paid which can be used in accordance with City policies. 58. The Developer shall dedicate parkland or pay in-lieu PW Each Final Map Standard fees in the amounts and at the times set forth in City of Dublin Resolution No. 214-02, or in any resolution revising these amounts and as implemented by the Administrative Guidelines adopted by Resolution 195- 99. PERMITS 59. Developer shall obtain an Encroachment Permit from PW Start of Work Standard the Public Works Department for all construction activity within the public right-of-way of any street where the City has accepted the improvements. The encroachment permit may require surety for slurry seal and restriping. At the discretion of the City Engineer an encroachment for work specifically included in an Improvement Agreement may not be required. 60. Developer shall obtain a Grading / Sitework Permit PW Start of Work Standard from the Public Works Department for all grading and private site improvements that serves more than one lot or residential condominium unit, if applicable. 61. Developer shall obtain all permits required by other PW Start of Work Standard agencies including, but not limited to Alameda County Flood Control and Water Conservation District Zone 7, California Department of Fish and Game, Army Corps of Engineers, Regional Water Quality Control Board, Caltrans and provide copies of the permits to the Public Works Department. SUBMITTALS 62. All submittals of plans and Final Maps shall comply PW Approval of Standard with the requirements of the "City of Dublin Public Improvement Works Department Improvement Plan Submittal Plans or Final Requirements", and the "City of Dublin Improvement Map Plan Review Check List". _ 63. The Developer will be responsible for submittals and PW Approval of Standard reviews to obtain the approvals of all participating non- Improvement City agencies. The Alameda County Fire Department Plans or Final and the Dublin San Ramon Services District shall Map , 16 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: approve and sign the Improvement Plans. 64. Developer shall submit a Geotechnical Report, which PW Approval of Standard includes street pavement sections and grading Improvement recommendations. Plans, Grading Plans, or Final Map 65. Developer shall provide the Public Works Department PW Acceptance of Standard a digital vectorized file of the "master" files for the Improvements project when the Final Map has been approved. and Release of Digital raster copies are not acceptable. The digital Bonds vectorized files shall be in AutoCAD 14 or higher drawing format. Drawing units shall be decimal with the precision of the Final Map. All objects and entities in layers shall be colored by layer and named in English. All submitted drawings shall use the Global Coordinate System of USA, California, NAD 83 California State Plane, Zone III, and U.S. foot. FINAL MAP 66. The Final Map shall be substantially in accordance PW Approval of Standard with the Tentative Map approved with this application, Final Map unless otherwise modified by these conditions. Multiple final maps may be filed in phases, provided that each phase is consistent with the tentative map, that phasing progresses in an orderly and logical manner and adequate infrastructure is installed with each phase to serve that phase as a stand-alone project that is not dependent upon future phasing for infrastructure. 67. All rights-of-way and easement dedications required PW Approval of Standard by the Tentative Map including the Public Service Final Map Easement shall be shown on the Final Map. 68. Street names shall be assigned to each public/private PW Approval of Standard street pursuant to Municipal Code Chapter 7.08. The Final Map approved street names shall be indicated on the Final Map. 69. The Final Map shall include the street monuments to PW Monuments to Standard be set in all public streets. be Shown on Final Map and Installed Prior to Acceptance of Improvements EASEMENTS 70. The Developer shall obtain abandonment from all PW Approval of Standard applicable public agencies of existing easements and Improvement right of ways within the development that will no longer Plans or 17 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: be used. Appropriate Final Map 71. The Developer shall acquire easements, and/or obtain PW Approval of Standard rights-of-entry from the adjacent property owners for Improvement any improvements on their property. The easements Plans or and/or rights-of-entry shall be in writing and copies Appropriate furnished to the City Engineer. Final Map GRADING 72. The Grading Plan shall be in conformance with the PW Approval of Standard recommendations of the Geotechnical Report, the Grading Plans approved Tentative Map and/or Site Development or Issuance of Review, and the City design standards & ordinances. Grading In case of conflict between the soil engineer's Permits, and recommendations and City ordinances, the City Ongoing Engineer shall determine which shall apply. 73. A detailed Erosion Control Plan shall be included with PW Approval of Standard the Grading Plan approval. The plan shall include Grading Plans detailed design, location, and maintenance criteria of or Issuance of all erosion and sedimentation control measures. Grading Permits, and Ongoing 74. Tiebacks or structural fabric for retaining walls shall PW Approval of Standard not cross property lines, or shall be located a minimum Grading Plans of 2' below the finished grade of the upper lot. or Issuance of Grading Permits, and Ongoing 75. Slope bank along public streets shall be no steeper PW Approval of Standard than 3:1 unless shown otherwise on the Tentative Map Grading Plans Grading Plan exhibits. The toe of any slope along or Issuance of public streets shall be one foot back of walkway. The Grading top of any slope along public streets shall be three feet Permits, and back of walkway. Minor exception may be made in the Ongoing above slope design criteria to meet unforeseen design constraints subject to the approval of the City Engineer. IMPROVEMENTS 76. The public improvements shall be constructed PW Approval of Standard generally as shown on the Tentative Map and/or Site Improvement Development Review. However, the approval of the Plans or Start Tentative Map and/or Site Development Review is not of an approval of the specific design of the drainage, Construction, sanitary sewer, water, and street improvements. and Ongoing 18 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: 77. All public improvements shall conform to the City of PW Approval of Standard Dublin Standard Plans and design requirements and Improvement as approved by the City Engineer. Plans or Start of Construction, and Ongoing 78. Public streets shall be at a minimum 1% slope with PW Approval of Standard minimum gutter flow of 0.7% around bumpouts. Improvement Private streets and alleys shall be at minimum 0.5% Plans or Start slope. of Construction, and Ongoing 79. Curb Returns on arterial and collector streets shall be PW Approval of Standard 40-foot radius, all internal public streets curb returns Improvement shall be minimum 30-foot radius (36-foot with bump Plans or Start outs) and private streets/alleys shall be a minimum 20- of foot radius, or as approved by the City Engineer. Curb Construction, ramp locations and design shall conform to the most and Ongoing current Title 24 and Americans with Disabilities Act requirements and as approved by the City Traffic Engineer. 80. Any decorative pavers installed within City right-of-way PW Approval of Standard shall be done to the satisfaction of the City Engineer. Improvement Where decorative paving is installed at signalized Plans or Start intersections, pre-formed traffic signal loops shall be of put under the decorative pavement. Decorative Construction, pavements shall not interfere with the placement of and Ongoing traffic control devices, including pavement markings. All turn lane stripes, stop bars and crosswalks shall be delineated with concrete bands or color pavers to the satisfaction of the City Engineer Maintenance costs of the decorative paving shall be the responsibility of the Homeowners Association 81. The Developer shall install all traffic signs and PW Occupancy of Standard pavement marking as required by the City Engineer. Units or Acceptance of Improvements 82. Street light standards and luminaries shall be PW Occupancy of Standard designed and installed per approval of the City Units or Engineer. The maximum voltage drop for streetlights Acceptance of is 5%. Improvements 83. All new traffic signals shall be interconnected with PW Occupancy of Standard other new signals within the development and to the 60th Unit or existing City traffic signal system by hard wire. Acceptance of Improvements 19 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: 84. Developer shall construct all potable and recycled PW Occupancy of Standard water and sanitary sewer facilities required to serve Units or the project in accordance with DSRSD master plans, Acceptance of standards, specifications and requirements. Improvements 85. Fire hydrant locations shall be approved by the PW Occupancy of Standard Alameda County Fire Department. A raised reflector Units or blue traffic marker shall be installed in the street Acceptance of opposite each hydrant. Improvements 86. The Developer shall furnish and install street name PW Occupancy of Standard signs for the project to the satisfaction of the City Units or Engineer. Acceptance of Improvements 87. Developer shall construct gas, electric, cable TV and PW Occupancy of Standard communication improvements within the fronting Units or streets and as necessary to serve the project and the Acceptance of future adjacent parcels as approved by the City Improvements En•ineer and the various Public Utilit a•encies. 88. All electrical, gas, telephone, and Cable TV utilities, PW Occupancy of Standard shall be underground in accordance with the City Units or policies and ordinances. All utilities shall be located Acceptance of and provided within public utility easements and sized Improvements to meet utility company standards. 89. All utility vaults, boxes and structures, unless PW Occupancy of Standard specifically approved otherwise by the City Engineer, Units or shall be underground and placed in landscape areas Acceptance of and screened from public view. Prior to Joint Trench Improvements Plan approval, landscape drawings shall be submitted to the City showing the location of all utility vaults, boxes and structures and adjacent landscape features and plantings. The Joint Trench Plans shall be signed by the City Engineer prior to construction of the joint trench improvements. CONSTRUCTION 90. The Erosion Control Plan shall be implemented PW Ongoing as Standard between October 15th and April 15th unless otherwise Needed allowed in writing by the City Engineer. The Developer will be responsible for maintaining erosion and sediment control measures for one year following the City's acceptance of the subdivision improvements. 91. If archaeological materials are encountered during PW Ongoing as 1993 construction, construction within 30 feet of these Needed EDEIR materials shall be halted until a professional MM Archaeologist who is certified by the Society of California Archaeology (SCA) or the Society of Professional Archaeology (SOPA) has had an opportunity to evaluate the significance of the find and 20 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: suggest appropriate mitigation measures. 92. Construction activities, including the maintenance and PW Ongoing as Standard warming of equipment, shall be limited to Monday Needed through Friday, and non-City holidays, between the hours of 7:30 a.m. and 5:30 p.m. except as otherwise approved by the City Engineer. Extended hours or Saturday work will be considered by the City Engineer on a case-by-case basis. 93. Developer shall prepare a construction noise PW Start of Standard management plan that identifies measures to be taken Construction to minimize construction noise on surrounding Implementation developed properties. The plan shall include hours of Ongoing as construction operation, use of mufflers on construction Needed equipment, speed limit for construction traffic, haul routes and identify a noise monitor. Specific noise management measures shall be provided prior to project construction. 94. Developer shall prepare a plan for construction traffic PW Start of Standard interface with public traffic on any existing public Construction; street. Construction traffic and parking may be subject Implementation to specific requirements by the City Engineer. Ongoing as Needed 95. The Developer shall be responsible for controlling any PW Ongoing Standard rodent, mosquito, or other pest problem due to construction activities. 96. The Developer shall be responsible for watering or PW Start of Standard other dust-palliative measures to control dust as Construction; conditions warrant or as directed by the City Engineer. Implementation Ongoing as Needed 97. The Developer shall provide the Public Works PW Issuance of Standard Department with a letter from a registered civil Building engineer or surveyor stating that the building pads Permits or have been graded to within 0.1 feet of the grades Acceptance of shown on the approved Grading Plans, and that the Improvements top & toe of banks and retaining walls are at the locations shown on the approved Grading Plans. NPDES 98. Prior to any clearing or grading, the Developer shall PW Start of Any Standard provide the City evidence that a Notice of Intent (NOI) Construction has been sent to the California State Water Resources Activities Control Board per the requirements of the NPDES. A copy of the Storm Water Pollution Prevention Plan (SWPPP) shall be provided to the Public Works Department and be kept at the construction site. _ _ 99. The Storm Water Pollution Prevention Plan (SWPPP) PW SWPPP to be Standard 21 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: shall identify the Best Management Practices (BMPs) Prepared Prior appropriate to the project construction activities. The to Approval of SWPPP shall include the erosion control measures in Improvement accordance with the regulations outlined in the most Plans: current version of the ABAG Erosion and Sediment Implementation Control Handbook or State Construction Best Prior to Start of Management Practices Handbook. The Developer is Construction responsible for ensuring that all contractors implement and Ongoing all storm water pollution prevention measures in the as Needed SWPPP. 100. Retaining Walls: All retaining walls over 30 inches in B Through Standard height and in a walkway area shall be provided with completion guardrails. All retaining walls located on private property, over 24 inches, with a surcharge, or 36 inches without a surcharge, shall obtain permits and inspections from the Buildin• Division. add . att. J � 101. Complete improvement plans shall be submitted to DSRSD Issuance of Standard DSRSD that conform to the requirements of the Dublin any building San Ramon Services District Code, the DSRSD permit "Standard Procedures, Specifications and Drawings for Design and Installation of Water and Wastewater Facilities," all applicable SDRSD Master Plans and all DSRSD policies. 102. All mains shall be sized to provide sufficient capacity DSRSD Issuance of Standard to accommodate future flow demands in addition to any building each development project's demand. Layout and permit sizing of mains shall be in conformance with DSRSD utilit master •lannin•. 103. Sewers shall be designed to operate by gravity flow to DSRSD Issuance of Standard DSRSD's existing sanitary sewer system. Pumping of any building sewage is discouraged and may only be allowed permit under extreme circumstances following a case by case review with DSRSD staff. Any pumping station will require specific review and approval by DSRSD of preliminary design reports, design criteria, and final plans and specifications. The DSRSD reserves the right to require payment of present worth 20 year maintenance costs as well as other conditions within a separate agreement with the applicant for any project that re•uires a •umpin• station. 104. Domestic and fire protection waterline systems for DSRSD Issuance of Standard Tracts or Commercial Developments shall be any building designed to be looped or interconnected to avoid dead permit end sections in accordance with requirements of the 22 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: DSRSD Standard Specifications and sound engineering practice. 105. DSRSD policy requires public water and sewer lines to DSRSD Issuance of Standard be located in public streets rather than in off-street any building locations to the fullest extent possible. If unavoidable, permit then public sewer or water easements must be established over the alignment of each public sewer or water line in an off-street or private street location to provide access for future maintenance and/or replacement. 106. The locations and widths of all proposed easement DSRSD Approval by the Standard dedications for water and sewer lines shall be City of a submitted to and approved by DSRSD. grading permit 107. All easement dedications for DSRSD facilities shall be DSRSD Recordation of Standard by separate instrument irrevocably offer to DSRSD or Final Map by offer of dedication on the final map. 108. The final map shall be submitted to and approved by DSRSD Issuance of Standard DSRSD for easement locations, widths, and any building restrictions. permit 109. Prior to issuance by the City of any Building Permit or DSRSD Issuance of Standard by the Dublin San Ramon Services District, whichever any building comes first, all improvement plans for DSRSD facilities permit shall be signed by the District Engineer. Each drawing of improvement plans shall contain a signature block for the District Engineer indicating approval of the sanitary sewer or water facilities shown. Prior to approval by the District Engineer, the applicant shall pay all required DSRSD fees, and provide an engineer's estimate of construction costs for the sewer and water systems, a performance bond, a one-year maintenance bond, and a comprehensive general liability insurance policy in the amounts and forms that are acceptable to DSRSD. The applicant shall allow at least 15 working days for final improvement drawing review by DSRSD before signature by the District Engineer. 110. No sewer line or waterline construction shall be DSRSD Issuance of Standard permitted unless the proper utility construction permit any building has been issued by DSRSD. A construction permit permit will only be issued after all of the items in above have been satisfied. 111. The applicant shall hold DSRSD, its Board of DSRSD Issuance of Standard Directors, commissions, employees, and agents of any building DSRSD harmless and indemnify and defend the same permit from any litigation, claims, or fines resulting from the construction and completion of the project. 23 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: 112. Improvement plans shall include recycled water DSRSD Issuance of Standard improvements as required by DSRSD. Services for any building landscape irrigation shall connect to recycled water permit mains. Applicant must obtain a copy of the DSRSD Recycled Water Use Guidelines and conform to the requirements therein. 113. Applicant shall submit plans to DSRSD for review for DSRSD Approval of Water and Sewer Capacity Charges prior to DSRSD DSRSD approval of the construction permit. Construction permit PASSED, APPROVED AND ADOPTED this 27th day of November 2012 by the following vote: AYES: Wehrenberg, O'Keefe, Brown, Bhuthimethee NOES: ABSENT: Schaub ABSTAIN: 'nning Commiss - - h it ATTEST: G A ist nt mmunity Development Director G:IPA#120111PLPA-2011-00003 Moller Ranch B&L1PC Mtg 11.27.121PC Reso Moller 11.27.12.docx 24