Loading...
HomeMy WebLinkAboutPCReso03-51 PA02-048 Tassajara Creek/Greenbriar Tmap/SDR RESOLUTION NO. 03 - 51 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING THE VESTING TENTATIVE MAP AND SITE DEVELOPMENT REVIEW FOR TASSAJARA CREEK PHASE III AND SITE DEVELOPMENT REVIEW FOR PHASE V- GREENBRIAR HOMES COMMUNITIES, INC. RESIDENTIAL DEVELOPMENT PROJECT PA 02-048 (Tract No. 7414) WHEREAS, Patrick Costanzo, Jr., on behalf of Marjorie Koller (Applicant/Developer), has requested approval of a PD rezoning with a Stage 1 Development Plan amendment and a Stage 2 Development Plan for Phases III and V of the Tassaj ara Creek residential project, a Vesting Tentative Map for Phase III to allow for the subdivision of a 20.3 acre parcel located on the west side of Tassajara Creek into 108 lots and Site Development Review to allow for the construction of 108 single family residential units (Phase III) and one single-family estate home (Phase V), with public and private open space, and a regional trail along the Tassajara Creek stream corridor, in the Eastern Dublin Specific Plan area; and WHEREAS, a complete application for the above noted entitlement request is available and on file in the Department of Community Development; and WHEREAS, the Applicant/Developer has submitted Vesting Tentative Map and Site Development Review project plans dated received October 10, 2003, for Phases III and V (Exhibit A to Attachment 1), PUD Sheets 4 through 16, Sheets SL1 through SL3Sheets L-1 through L-4, Architectural Sheets by The Dahlin Group 1 through 17 and Architectural Sheets by KM+P for Lot 131, except as modified by any condition of approval; and WHEREAS, the City previously approved General Plan and Eastern Dublin Specific Plan amendments and a PD rezoning/Stage 1 Development Plan for a 445 unit project on 64.35 acres, to be built in 5 phases. Phases I and II are under construction; and WHEREAS, in connection with the prior approvals, the City adopted a Mitigated Negative Declaration tiering from the Eastern Dublin EIR. (Resolution 31-00, incorporated herein by reference.) The City completed an Initial Study for the current project, including a shift in density from Phase III to Phase IV and additional detail on construction and improvement plans for Phases III and V. Based on the Initial Study, the City detern~ined that the Eastern Dublin EIR and the prior Mitigated Negative Declaration adequately describe the potential impacts of the project and that the current project would have no substantial new or more severe impacts beyond those analyzed in the previous environmental documents. An Addendum pursuant to CEQA Guidelines section 15164(a) was prepared for the minor project changes and was considered by the Planning Commission together with the prior EIR and Mitigated Negative Declaration prior to action on the project; and WHEREAS, the Plmming Commission did hold a public hearing on said application on October 28, 2003; 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 Map for Phase III and Site Development Review for Phases III and V, subject to conditions; and WHEREAS, a Development Agreement must be requested and approved prior to recordation of Final Subdivision Map for the project as required by the Eastern Dublin Specific Plan; and WHEREAS, the Planning Commission did hear and use their independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby make the following findings and determinations regarding General Plan and Specific Plan consistency: 1. The proposed project is consistent with the adopted Dublin General Plan and Eastern Dublin Specific Plan. The proposed project is also consistent with the goals, policies, and implementation measures of the Dublin General Plan and Eastern Dublin Specific Plan, and with the Dublin Zoning Ordinance. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby make the following findings and determinations regarding said proposed Vesting Tentative Map: 1. The Vesting Tentative Map is consistent with the intent of applicable subdivision regulations and related ordinances. 2. The design and improvements of the Vesting Tentative Map are consistent with and conforms to the City's General Plan and Eastern Dublin Specific Plan policies as they apply to the subject property in that it is a subdivision for implementation of a residential project in an area designated for Medium Density Residential Development and Stream Corridor/Open Space. 3. The Vesting Tentative Map is consistent with the Planned Development Rezone proposed for this project and is, therefore, consistent with the City of Dublin Zoning Ordinance. 4. The project site is located adjacent to major roads on relatively flat topography and is, therefore, physically suitable for the type and density of development. 5. With the incorporation of mitigation measures from the previous EIR, action programs and policies of the Eastern Dublin Specific Plan, mitigation measures of the previously adopted Mitigated Negative Declaration and Conditions of Approval, the design of the subdivision will not cause environmental damage or substantially injure fish or wildlife or their habitat or cause public health concerns. 6. 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. 7. Required fire and water service will be provided to the subdivision pursuant to the requirements of water and sewer providers, if standards and conditions are met and fees paid. Sewer service for this subdivision shall be provided pursuant to an agreement between the applicant/developer and DSRSD. School capacity for the residents of this project will be provided pursuant to a school facilities mitigation agreement between the developer and the Dublin Unified School District prior to issuance of building permit, as required by the Eastern Dublin Specific Plan/EIR. 8. The City of Dublin has considered the effect of this project on the housing needs of the region in which it is situated and finds that the public services are available for the project and that impacts to environmental resources will be mitigated to a level of less than significant pursuant to the Eastern Dublin EIR and the Mitigated Negative Declaration for the previously approved Stage 1 Development Plan (PA98-062). 9. The City of Dublin finds that this project does not discharge waste into an existing community sewer system in violation of existing requirements prescribed by a California regional water quality control board pursuant to Division 7 of the Water Code because the Dublin San Ramon Services District has provided conditions of approval, which assure that its standards will be met. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby make the following findings and determinations regarding said proposed Site Development Review: 1. The approval of this application (PA 02-048), as conditioned, is consistent with the intent/purpose of Chapter 8.104 (Site Development Review) of the Zoning Ordinance in that it will promote orderly, attractive and harmonious site and structural development, resolves major project-related issues, and ensures compliance with development regulations and the PD Zoning District. 2. The approval of this application, as conditioned, complies with the policies of the General Plan, the Eastern Dublin Specific Plan, and the Planned Development Rezone Development Plan for the project that allows for residential development at this location. 3. The approval of this application, as conditioned, is in conformance with regional transportation and growth management plans because road improvements and infrastructure improvements will be made pursuant to a Planned Development Plan, Tentative Map conditions and a related Development Agreement. 4. 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 all laws and ordinances and implements the Dublin General Plan and Eastern Dublin Specific Plan. 5. The proposed site development, including site layout, vehicular access, circulation and parking, setbacks, height, walls, public safety, and similar elements, as conditioned, has been designed to provide a harmonious environment for the development. 6. The subject site is physically suitable to the type and intensity of the approved development because it is relatively flat and has suitable soils. 7. The visual impacts of the project were reviewed in the Eastern Dublin EIR and Greenbriar Mitigated Negative Declaration and the project is consistent with applicable scenic corridor policies for Tassaj ara Road. 8. The project has been designed with architectural considerations (including the character, scale, design quality, and the relationship among buildings), along with Conditions of Approval, in order to ensure compatibility among the design of this project, the character of adjacent uses, and the requirements of public service agencies. 9. Landscape elements (including the location, type, size, color, texture, and coverage of plant materials, provisions, and similar elements) combined with Conditions of Approval have been established to ensure visual relief and an attractive public environment. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approve the Vesting Tentative Map and Site Development Review for PA 02-048 subject to the following Conditions of Approval and subject to City Council approval of the proposed Stage 1 Development Plan amendment, Stage 2 Development Plan, and CEQA Addendum: CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use, and shall be subject to Department of Community Development review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [ADM] Administration/City Attorney, [B] Building division of the Community Development Department, [DSR] Dublin San Ramon Services District, [F] Alameda County Fire Department/City of Dublin Fire Prevention, [FIN} Finance Department, [PL] Planning division of the Community Development Department, [PO] Police, [PW] Public Works Department. VESTING TENTATIVE MAP PriOr to: commons 1. Approval. PA 02-048, Greenbriar Homes Communities, Inc. - Tassajara Creek, PL, PW Approval of any plan or filing of Vesting Tentative Map 7414 is approved to subdivide an existing 20.34-acre parcel final map into individual lots for 108 detached homes and open space, a stream corridor and a regional trail. This approval shall conform generally to the plans, text, and illustrations contained in the Planned Unit Development Plans dated received October 10, 2003, including Sheets I through 8, prepared by Ruggeri-Jensen-Azar and Associates (October 10, 2003), the Vesting Tentative Map prepared by RJA and Associates, Sheets 9 through 14 (October 10, 2003), the Streetlight Plans prepared by Giacalone Design Services, Inc., Sheets SL1 through SL3 (September 4, 2003), the Landscape Plans Sheets L1 through L3 and the Tassajara Creek Restoration Plan Sheet L4 prepared by The Guzzardo Partnership, Inc. (October 10, 2003), the Architectural Plans Sheets 1 through 17 prepared by the Dahlin Group (September 12, 2003), and all other plans, programs, texts and diagrams submitted as part of the subdivision proposal on file in the Community Development Department unless modified by the Conditions of Approval contained herein. 2. Fees. Applicant/Developer shall pay all applicable fees in effect at the time of Various Various times, but no later than building permit issuance, including, but not limited to, Planning fees, Building fees, Issuance of Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified Building School District School Impact fees, Public Works Traffic Impact fees, City of Permits Dublin Fire Impact fees; Noise Mitigation fees, Inclusionary Housing In-Lieu fees; Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; specific plan implementation fees and any other fees as noted in the Development Agreement. 3. Required Permits. Applicant/Developer shall obtain all necessary permits Various Prior to issuance required by other agencies (Alameda County Flood Control District Zone 7, of Grading Sitework Permit California Department of Fish and Game, Army Corps of Engineers, State Water Quality Control Board, etc.) and shall submit copies of the permits to the 4 NO, CONDITION TEXT ~SP. W~N o Prior to: Department of Public Works. 4. Infrastructure. The location and siting of project specific wastewater, bioswale, PL, PW Approval of storm drain, recycled water, and potable water system infrastructure shall be Improvement Plans consistent with the resource management policies of the Eastern Dublin Specific Plan. 5. Solid Waste/Recycling. Applicant/Developer shall comply with the City's solid ADM On-going waste management and recycling requirements. 6. Refuse Collection. The refuse collection service provider shall provide a letter PL Occupancy of confirming that adequate space is provided to accommodate collection and sorting any building; provisions for of petrucible solid waste as well as source-separated recyclable materials generated collection to be by the residents within this project, shown on plans 7. Water Quality Requirements. All development shall meet the water quality PL, PW Approval of requirements of Alameda County's NPDES Permit No. CAS0029831 and the Final Map or Improvement Alameda Countywide Clean Water Program. The Applicant/Developer shall submit Plans a copy of a Notice of Intent obtained from the State Water Resources Control Board, together with a Storm Water Pollution Prevention Plan. In addition, all storm water inlets within the street areas of the project shall be stenciled "No Dumping - Drains to Bay" using a stencil approved by the City. 8. Removal of Obstructions. Applicant/Developer shall remove all trees including PW Issuance of major root systems and other obstructions from building sites that are necessary for Grading Permit (Demolition to public improvements or for public safety as directed by the City Engineer. be shown on plans) 9. Standard Public Works Conditions of Approval. Applicant/Developer shall PW Approval of comply with all applicable City of Dublin Public Works Standard Conditions of Improvement Plans through Approval (Attachment A). In the event of a conflict between the Public Works completion Typical Conditions of Approval and these Conditions, these conditions shall prevail. 10. Development AgreementNesting Tentative Map Expiration. Prior to Final Map PW, PL Prior to Final approval, the developer shall enter into a Development Agreement with the City map and On- pursuant to the requirements of the Eastern Dublin Specific Plan. The Vesting going Tentative Map shall expire at the standard time of two and one-half(2 1/2) years as set forth in the Dublin Municipal Code and in the regulations of Section 66452.6 of the Subdivision Map Act. In the event of conflict between the terms of the Development Agreement and the Conditions of Approval contained herein, the terms of the Development Agreement shall prevail. 11. Building Codes and Ordinances. All project construction shall conform to all B Through building codes and ordinances in effect at the time of building permit. Completion 12. Action Programs/Mitigation Measures. Applicant/Developer shall comply with PL Approval of all applicable action programs and mitigation measures of the Eastern Dublin Improvement Plans through General Plan Amendment/Specific Plan and companion Final Environmental completion Impact Report (EIR) and the Mitigated Negative Declaration (MND) for PA 98-062 that have not been made specific Conditions of Approval. 13. Ordinances/General Plan/Policies. The Developer shall comply with, meet, PW, PL Approval of and/or perform all requirements of the Subdivision Map Act, City of Dublin Final Map and Issuance of Subdivision Ordinance, City of Dublin Zoning Ordinance, the City of Dublin Building General Plan, the Eastern Dublin Specific Plan, City of Dublin Standard Conditions Permits of Approval, Public Works Policies and City grading ordinance unless certain Public Works requirements are modified by the City Engineer. 14. Clarification and Changes to Conditions. In the event that there needs to be PW Approval of clarifications to these conditions of approval, the City Engineer has the authority to Final Map and Improvement clarify the intent of these conditions of approval to the Applicant/Developer without Plans going to a public hearing. The City Engineer also has the authority to make minor Prior to: modifications to these conditions without going to a public hearing in order for the Applicant/Developer to fulfill needed improvements or mitigations resulting from impacts of this project. 15. Phased Occupancy Plan. If occupancy will occur in phases, then all physical B, PW, F, Prior to improvements within each phase shall be completed prior to occupancy of any PL Occupancy of any affected buildings within that phase except for items specifically excluded in an approved building Phased Occupancy Plan, or minor handwork items, approved by the Department of Community Development. The Phased Occupancy Plan shall be submitted to the Director of Community Development and Public Works for review and approval a minimum of 45 days prior to the request for occupancy of any building covered by said Phased Occupancy Plan. Any phasing shall provide for adequate vehicular access to all parcels in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. No individual building shall be occupied until the adjoining area is finished, safe, accessible, and provided with all reasonable expected services and amenities, and separated from remaining additional construction activity. Subject to approval of the Director of Community Development, the completion of landscaping may be deferred due to inclement weather with the posting of a bond for the value of the deferred landscaping and associated improvements. 16. Preconstruction Survey. Applicant/Developer shall comply with all Eastern PW, PL Issuance of Grading/Sitewor Dublin Specific Plan EIR mitigation measures for mitigating potentially significant k Permit plant and animal species impacts. Within 60 days prior to any habitat modification, Applicant/Developer shall submit a preconstruction survey, prepared by a biologist (to be approved and hired by the City prior to commencement of the survey.) Said survey shall examine whether any sensitive species exist on or adjacent to the site and, if any exist, shall include recommended protection plans, including any modifications to site design, for those sensitive species that may be discovered as a result of the survey. Applicant/Developer shall be responsible for the cost of the survey and staff review of the survey. The significance of any discoveries and adequacy of recommended protection measures shall be subject to the discretion of the Director of Community Development. Said protection plans and measures shall occur at least 21 days prior to anticipated habitat modification. Any updated surveys and/or studies that may be completed subsequently shall be submitted to the Department of Community Development (MND 98-062) 17. Conditions of Approval. In submitting subsequent plans for review and approval, B, PW Approval of Applicant/Developer shall submit six (6) sets of plans to the Public Works Improvement Plans and Final Department for plan check. Each set of plans shall have attached a copy of these Map Conditions of Approval with responses to conditions filled in indicating where on the plans and/or how the condition is satisfied. A copy of the Standard Public Works Conditions of Approval shall also be submitted which has been marked up to indicate where on the plans and/or how the condition is satisfied. The notations shall clearly indicate how all Conditions of Approval and Standard Public Works Conditions of Approval will be complied with. Improvement plans will not be accepted without the annotated conditions and standards attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of ali participating non-City agencies. AGENCY ~Q'O P~ior to: 18. Building Permit. To apply for building permits, Applicant/Developer shall submit B Issuance of eight (8) sets of construction plans to the Building Division for plan check. Each Building Permit set of plans shall have attached an annotated copy of these Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will or have been complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all participation non-City agencies prior to the issuance of building permits. 19. Air Conditioning Units. Air conditioning units and ventilation ducts shall be B. PL Occupancy of screened from public view with a 6' wood fence or with materials compatible to the Unit main building. Units shall be permanently installed on concrete pads or other non- movable materials to approved by the Building Official and Director of Community Development. 20. Street Names and Address Numbering System. Prior to approval and recordation PW ~treet names to be of the final map, street names shall be assigned to each public/private street ipproved prior to ~pproval of Final pursuant to Municipal Code Chapter 7.08. The Applicant/Developer shall propose Vlap: Addresses a list of preferred and alternate street names for review and approval by the City and o be assigned all interested outside agencies. Street names must not match or be closely similar to >rior to issuance existing street names within Alameda County. After the map records but before ~f Building Building Permits are issued, address numbers will be assigned to each dwelling unit ~ermits. based on the existing address grid developed for Alameda County and available from the Dublin Building Official. The Applicant/Developer is responsible for developing the addressing scheme for review and approval by the Building Official. 21. Addressing: Cluster Homes shall have the dwelling address posted and back lit at B Through or near the front door and the garage vehicle door. Completion 22. Street Name Sign Content. Street name signs shall display the name of the street PW Acceptance of together with a City standard shamrock logo. Posts shall be galvanized steel pipe, Improvements break away posts. C~EK ~STO~TION - BIOLOGICAL MITIGATION 23. Slope protection area. Immediately prior to construction (within 3 days), the slope PL Immediately protection area shall be surveyed thoroughly for Red-legged Frog (RLF) by the prior to construction of Ecological Monitor (EM). If a RLF is sighted, all work within 100 feet of the the slope sighting shall cease until the biologist verifies that no RLF are present in the work protection area area. Individuals surveying for frogs must meet the requirements contained in RLF the adopted MND and Mitigation Monitoring Plan for PA 98-062. The construction area shall then be hand cleared and a further survey made. At the conclusion of that survey, the construction area must be fenced with erosion control fabric held in place by t-posts and buried 4 inches in the surface to create a barrier to RLF movement intc the construction area. The barrier shall be inspected daily to ensure it maintains its integrity. Weekly surveys of both the construction and preservation zone shall be conducted to more specifically define RLF locations and movement areas and ensure that RLF do not move into the construction zone. (MM #1, #6 and #10) A yearly monitor compliance report shall be submitted to the City by November 1st O~ each year during construction of project 24. Ecological monitor. During construction, an EM shall be on-site twice weekly to PL During construction educate the construction crews as to the importance of the habitat on-site, ensure unintended impact do not occur, and that construction practices minimize temporary construction-related impacts. (MND PA98-062 & MM#4, #8 and #11) 25. Fencing of riparian zone. The riparian zone shall be fenced at all times during PL During construction with bright orange construction fencing. The fencing shall be installed construction at an off-set 10 feet from the edge of the riparian canopy to ensure no intrusion occurs in these areas. (MND PA98-062 & MM #5, #9 & #12) 26. Revegetation. Following construction, the "disturbed" areas will be revegetated PL Following with native species to restore riparian habitat. (MM #2 & #7). During construction, construction of all tree roots greater than I inch in diameter exposed by excavation will be cut and bridges leaned at pit edge and sealed. (MM#3) DEDICATIONS ~ ~RO~MENTS 27. Improvement Agreement and Security. Pursuant to §7.16.620 of the Municipal PW Approval of Code and Subdivision Map Act §66499, the Applicant/Developer shall enter into Final Map Improvement Agreement with the City at the time of Final Map approval to guarantee the required subdivision improvements. The Agreement will require Improvement Security to be posted to guarantee the faithful performance of the permitted work and the payment for labor and materials. Such Security shall be in the form of cash, a certified or cashier's check, a letter of credit, or surety bonds executed by the Applicant/Developer and by a corporate surety authorized to do business in California. The amount of the Security guaranteeing faithful performance shall be 100% of the estimated cost of the work. The amount of the Security guaranteeing the payment for labor and materials shall be 100% of the estimated cost of the work. The Applicant/Developer shall provide an estimate of these costs with the first submittal of the final map and improvement plans for checking. 28. Release of Security. When all improvements governed by the Improvement ?w Acceptance of Agreement are complete to the satisfaction of the City Engineer, the City Council Improvements will consider accepting the improvements and releasing the Security. Prior to the by City Council Council's acceptance, the Applicant/Developer shall furnish the following to the City: a) A Maintenance Bond or other replacement security in an amount equal to 25% of the estimated cost of the work to guarantee against defects for a one-year period. b) As-Built or Record Drawings printed on mylar of all Improvement Plans and maps associated with the project. c) Digital computer files of the plans in a format compatible with the City's GIS system. d) A recorded copy of the Covenants, Conditions, and Restrictions that govern the project. e) A Declaration or Report by the project Geotechnicai Engineer confirming that all geotechnical and grading work associated with the project has been performed in accordance with the Engineer's recommendations. f) Payment of any outstanding City fees or other debts. g) Any other information deemed necessary by the City Engineer. 29. Quitclaim of Private Access Easement. According to the Preliminary Title Report PW Approval of by Old Republic Title Company dated 8/22/02 (Order No. 313545-SU), a 20'-wide Final Map private access easement was granted across Lot 130 of Tract 7075 for the benefit of Lots 131 and F. Since Lots 131 and F will be accessed from Street "A" when the final map for Tract 7414 records, the existing easement shall be quitclaimed by the owner(s) of Lots 131 and F, and a replacement easement across Street "A" shall be granted. 30. Public Service Easement Dedications. Applicant/Developer shall dedicate a PW Approval of public service easement over the entire width of the private street right-of-way for Final Map Somerset Lane, Maymont Lane, and Street "A", and over the private access easements for the private courts. In addition, Applicant/Developer shall dedicate a 5' wide Public Service Easement along both sides of Somerset Lane (except at the bridge), Maymont Lane (except at the bridge), and Street "A". Applicant/Developer shall dedicate a minimum 10' wide Public Service Easement over any needed joint utility trench lines and storm drain lines to the satisfaction of the City Engineer. Applicant/Developer shall also provide Public Utility Easements per the requirements of the City Engineer and/or public utility companies as necessary to serve this area with utility services, utility structures and allow for vehicular and utility service access. 31. Dedication and Improvement of Emergency Vehicle Access Easements. PW, PO Approval o£ Applicant/Developer shall dedicate an emergency vehicle access easement (EVAE) Improvement Plans and Final over the private portions of Somerset Lane, Maymont Lane, and Street "A". Map; EVA to be Applicant/Developer shall also dedicate an emergency vehicle access easement Constructed as over the maintenance road on Parcels A and G, connecting Somerset Lane to the required by north end of Street "A". The grading, paved access and improvements shall be ACFD to serve constructed in accordance to City street standards and approved by the City each Phase Engineer, Zone 7 and ACFD. 32. Dedication and Improvement of Fire/Emergency Access. Applicant/Developer PW, PO Approval of shall provide adequate access and turn-around for fire and other emergency vehicles Improvement Plans and Final (32 foot minimum radii for cul-de-sacs or approved hammerhead) per Alameda Map; EVA to be County Fire Department (ACFD) standard requirements in all public streets and constructed as Courts. Internal private streets and drive aisles shall be designed for fire and other required by emergency vehicles to conveniently pass through (20 foot minimum lane width) and ACFD to serve have access to all buildings, each Phase 33. Dedication and Improvement of Somerset Lane and Maymont Lane (Public PW, F Dedication to Street) Applicant/Developer shall dedicate to the City of Dublin and improve occur on Final Map; Streets to Somerset Lane and Maymont Lane from Creekview Drive to the west bank of be constructed Tassajara Creek as public streets. The width for Somerset Lane shall be a 46' right- and opened to of-way, with a 32' curb-to-curb width, with a 10' sidewalk on the north side of the the public as street. The width for Maymont Lane shall be a 42' right-of-way, with a 32' curb-to- required by curb width, with a 5' sidewalk on the south side of the street. The public portion of ACFD and PW to serve each the road shall include a cul-de-sac turnaround on the west side of the creek, with a Phase minimum radius of 30'. The west end of the road shall include a concrete curb and gutter and a decorative pavement band to clearly delineate the limits of public ownership. The cul-de-sac drainage shall be designed so that all runoff from the public portion of the street is intercepted by inlets and does not drain onto the private street. 34. Improvement of Somerset Lane and Maymont Lane Bridges Applicant/ PW, Approval of Developer shall construct two bridges over Tassajara Creek within the Somerset Zone 7 Bridge Plans; Bridges to be Lane and Maymont Lane public rights-of-way, as shown on the tentative map. The constructed and final bridge design shall be approved by the City Engineer and by Zone 7, and shall opened to the be consistent with the requirements of any permits issued by jurisdictional agencies, public as The bridge abutments shall be designed to resist adverse impacts from potential required by creek scour in conformance with the letters from Zone 7 dated October 1, 2003, and ACFD and PW to serve each from Biggs Cardoza Associates dated August 28, 2003, as required by the City Phase Engineer and Zone 7 during final bridge design. The final bridge design shall allow for the bridges to remain serviceable (open to vehicle traffic) and resistant to damage at both the span and the approaches in the event of scour. The depth of the sewer siphon shall be increased as required by Zone 7. Final review of the siphon shall be subject to review by Zone 7. 35. Improvement and Dedication of Somerset Lane, Maymont Lane, and Street PW Dedication to "A" (Private Streets). Applicant/Developer shall dedicate to the Homeowner's occur on Final Map; Streets to Association and improve Somerset Lane, Maymont Lane, and Street "A" as shown be constructed on the tentative map. Private right-of-way width shall be 45', with a curb-to-curb and opened to ~vidth of 36' and a 4.5' sidewalk on both sides of the street. The curb-to-curb width the public as may vary as shown on the tentative map to accommodate right-angle parking and required b.y .... landscape bulbouts. The sidewalk shall widen to a width of 6' along all right-angle ACFD and PW to serve each parking spaces to accommodate vehicle overhang. Phase 36. Improvement and Dedication of Private Courts Applicant/Developer shall PW Dedication to improve and dedicate to the Homeowner's Association the private courts, as shown occur on Final Map; Courts to on the tentative map. The courts shall be located in a reciprocal access easement in be constructed favor of the adjoining lots. Pavement width shall be 22' minimum, with a minimum and opened to of 28' between the faces of the garages, the public as required by ACFD and PW to serve each Phase 37. Tassajara Creek Parcel Lot Line Adjustment/Open Space Easement PW Prior to Approval of the Abandonment Applicant/Developer shall complete a lot line adjustment between Final Map Parcels "J" and "A" (access parcels) and Parcels "C", "D" and "E" (creek parcels) and Lot 130 of Tract 7075 to conform with the currently proposed location of the Maymont Lane and Somerset Lane extensions. Further, the Applicant/Developer shall process an application for abandonment of the existing open space easement over Parcel 130 of Tract 7075 to conform with the revised Somerset Lane and Maymont Lane extension. The easement abandonment must be approved by the City Council. If Council approval is not obtained, then the bridge alignments shall be moved to the original alignments created on the Tract 7075 final map. 38. Zone 7 Parcels A, B, and C (Tassajara Creek) PL, PW, Acceptance of Applicant/Developer shall dedicate to Zone 7 the stream/open space corridor ZONE 7 the Improvements Parcels "A", "B", and "C" as shown on the tentative map. by the City Council 39. Tassajara Regional Trail Improvements. Applicant/Developer shall construct PL, PW, Trail to be the Tassajara Creek Regional Trail on the west side of Parcel "A", from the north EBRPD, constructed and ZONE 7 opened to the side of Somerset Lane to the north end of Lot 131 of Tract 7075, abutting the East public as Bay Regional Park District property. Trail improvements shall consist of a 14' wide required by paved trail with a 4' gravel shoulder on the east (creek) side and a 2' gravel ACFD and PW shoulder and a concrete ditch on the west side, as shown on the tentative map. The to serve each trail shall be constructed per Zone 7 and East Bay Regional Park District standards. Phase The north end of the trail shall be designed to allow for a smooth extension onto the Park District property to the north. Final design shall be subject to approval of both agencies, as well as the City Engineer and Alameda County Fire Department. Trail improvements shall include fencing, bollards, and/or gates for unauthorized vehicle control at the entrances, including installation ora 2-rail fence along the east side of trail through Lot 131The Applicant/Developer shall be eligible for Eastern Dublin Traffic Impact Fee (TIF) credits for the regional trail construction, as well as the widened walkway on the Somerset Lane bridge, as shown in the latest update of the TIF. 40. Local Trail Improvements, Parcel B. Applicant/Developer shall construct a PL, PW, Zone 7's public bicycle/pedestrian path on the west side of Parcel "B", from Maymont Lane ZONE 7 acceptance of Parcel B, but not to Somerset Lane. Improvements shall consist of an 8'-wide paved trail, a 6'-wide later than the gravel shoulder on the east (creek) side, a 2'-wide gravel should on the west side, City Council's and a 2'-wide concrete ditch on the west side, as shown on the tentative map. The acceptance of trail shall be constructed per Zone 7 standards. Final design shall be subject to the the tract approval of the Zone 7 and the City Engineer. Trail improvements shall include improvements. fencing, bollards, and/or gates for unauthorized vehicle control at the entrances. 41. Zone 7 Maintenance Road, Parcel C Applicant/Developer shall construct a Pl, PW, Zone 7's maintenance road on the west side of Parcel "C", from Maymont Lane south to ZONE 7 acceptance of Parcel C, but not Parcel "D". Improvements shall consist of a 16' gravel road with a 2' wide concrete later than the 10 Prior to: ditch on the west side of the road. The trail shall be constructed per Zone 7 City Council's standards. Trail improvements shall include fencing and gates at the Maymont Lane acceptance of the tract entry to prevent public use. improvements. 42. Zone 7 Parcel D (Tassajara Creek) PL, PW, Zone 7's Applicant/Developer shall dedicate to Zone 7 the open space/creek parcel Parcel ZONE 7 acceptance of Parcel D, but not "D" as shown on the tentative map. Applicant/Developer shall construct a later than the maintenance road on Parcel "D", from the north end of the parcel (connecting to the City Council's road on Parcel "C"), and extending south along the edge of the creek to a point 250' acceptance of to the south, at which point the road will curve to the west away from the creek to a the tract connection point with the maintenance road on the adjoining Alameda County improvements. property. A spur road shall be extended along the westerly edge of the property to a point 500' south of the north end of the property; a hammerhead turnaround acceptable to Zone 7 shall be provided at the south end of the road. The roads and any associated grading shall maintain a minimum 50' setback from the proposed frog pond. Improvements for the main road shall consist of a 16' -wide gravel road, with a 2' -wide concrete ditch for the northerly 250' of the road along the creek; the ditch may be eliminated along the remainder of the road provided it is graded in a manner that allows sheetflow across the road and flows are not concentrated. Concrete, turfblock, or other approved material shall provided on the road to provide adequate traction on grades, as required by Zone 7. The spur road shall consist of gravel or a suitable all-weather surface such as turfblock, without a ditch. The spur road shall follow the alignment of the existing dirt road along the westerly property line, and shall be designed to minimize grading and to maintain a migratory corridor for frogs. Roads shall have a maximum grade of 8% and a minimum inside radius of 35', or with exceptions as as allowed by Zone 7. Improvements shall include construction ora gate at the Alameda County property connection. All improvements shall conform to the Zone 7 creek setback criteria, which is a 2.5:1 projection from the toe to the ground. Improvements shall generally conform to the preliminary plan shown on the tentative map. Final design shall be subject to the approval of Zone 7, the City Engineer, and the Director of Community Development. In the event that Zone 7 has not been able to secure a connection onto the Alameda County property prior to the City Council's acceptance of the tract improvements, Applicant/Developer may, with the City's approval, modify the maintenance road to eliminate the connection to the Alameda County property. The revised access shall include adequate access and turnaround provisions for Zone 7, and shall conform to the other provisions listed above. Applicant/Developer shall make provisions, on the final map or through separate agreement, for maintenance of the frog pond by the Tassajara Creek Maintenance Association, by the Homeowner's Association or other parties. 43. Tassajara Creek - License Agreement for Trail Use. Applicant/Developer shall PL, PW, Zone 7's cooperate with the City and Zone 7 to amend the City's license agreement with EBRPD, acceptance of ZONE 7 any parcel Zone 7, dated March 18, 1987, which grants to the City the use of Zone 7 creek within Tassajara maintenance roads for public pedestrian and bicycle access. Specifically, the license Creek, but not agreement shall be amended to cover the regional trail on Parcel "A", and the local later than the trail on Parcel "B". Furthermore, the Applicant/Developer shall enter into a City Council's sublicense agreement with the City transferring the maintenance and liability for the acceptance of the tract local trail to the Tassajara Creek Maintenance Association. The Applicant/ improvements. Developer shall cooperate with the City to develop a separate sublicense agreement between the City and the East Bay Regional Park District, transferring maintenance of the regional trail on Parcel "A" and Lot 131 to the EBRPD. In the event that EBR?D is unwilling to accept maintenance of the 11 PriOr to: regional trail, the sublicense agreement with the Association shall be amended to cover the regional trail as well as the local trail. 44. Stream Restoration Plan. This project is subject to the Eastern Dublin PL, PW, Approval of Comprehensive Stream Restoration Program. The coneptual landscape plans for the EBRPD, Improvement ZONE 7 Plans; project incorporates the recommendations of the Tassajara Creek Subdivision Restoration Tassajara Creek Restoration Plan prepared by Olberding Environmental, Inc. dated Work to be August 1, 2003, A final landscape plan shall be submitted for the riparian Constructed restoration and shall be subject to the review and approval of the Director of Prior to Community Development and by the City's Landscape Architect. The approved Acceptance of Improvements plan shall be implemented to the satisfaction of the City of Dublin. Creek restoration work (e.g.: removal of exotic plantings, supplemental native plants, etc.) shall be determined prior to construction by a biologist retained by the City and shall meet the requirements of the Eastern Dublin General Plan and Specific Plan EIR and the Mitigated Negative Declaration for this project. Restoration work shall be completed according to the timeframe contained in the Restoration Program. Trail and maintenance road construction shall be coordinated with any restoration work required under the Stream Corridor Restoration Program. Developer-provided bond or other financial security mechanism may be required. Tree plantings shall be located a minimum of 4 feet away from the regional trail. 45. Open Space Parcels E, F, and G Applicant/Developer shall dedicate Open Space Dedication to occur on Final Parcels "E", "F", and "G"to Zone 7. If Zone 7 will not accept the parcels they Map; shall be dedicated to the HOA for Tract 7414.Applicant/Developer shall install Landscaping to improvements on parcels as shown on the tentative map, including a vegetated be constructed bioswale ,landscaping and fencing. A final landscape plan shall be submitted for as required by Parcels E, F and G and shall be subject to the review by the City's landscape PL and PW to architect. Final design of the bioswale and landscaping shall be to the satisfaction serve each Phase of the City Engineer and Director of Commuhity Development. Maintenance and performance standards shall be submitted for review and approval by the City Engineer and the Director of Community Development. Maintenance of these parcels shall be the responsibility of the Tassajara Creek Maintenance Association. 46. Open Space Parcel H Applicant/Developer shall dedicate to the Homeowner's PW Dedication to occur on Final Association Open Space Parcel "H", as shown on the tentative map. Applicant/ Map; Developer shall install improvements on parcels as shown on the tentative map, Landscaping to including landscaping. A final landscape plan shall be submitted for Parcel H and be constructed shall be subject to the review by the City's landscape architect. Final design of the as required by landscaping shall be to the satisfaction of the City Engineer and Director of PL and PW to Community Development. Maintenance standards shall be submitted for review serve adjacent Phase and approval by the City Engineer and the Director of Community Development. Maintenance of this parcels shall be the responsibility of the Homeowner's Association. 47. Trash/Debris Removal on Open Space Parcels. The restoration/landscaping Pw, PL Approval of work on Parcels A-G shall include removal of all abandoned vehicles, equipment, Improvement Plans and Final debris, and trash along the creek banks. In addition, the existing access roads shall Map; Cleanup be disked, ripped, or otherwise obliterated to allow planting of replacement Work to be vegetation. The existing bridge shall be removed, with the abutments left in place. Completed Prior This work shall be noted on the improvement and landscaping plans, to the Git>, Council's Acceptance of the tract improvements 48. Survey Control. Survey monuments shall be set in finished public streets and at PW Acceptance of designated property corners or other control points in accordance with the final Improvements by City Council maps recorded for this project, and as required by the City Engineer. Said street 12 Prior to: monuments shall be set within twenty (20) seconds for any angle and 1 in 10,000 feet for distances between monuments as required by Municipal Code {}9.20.040. In addition, pursuant to Subdivision Map Act {}66497, the surveyor of record shall, within five days after the final setting of all monuments has been completed, give written notice to the City Engineer that the final monuments have been set. The Applicant/Developer shall then present evidence to the City Engineer of the payment and receipt of payment by the surveyor of record for the monument setting. 49. ADA Requirements/Handicap Ramps. All handicap ramps shall comply with all PW Acceptance of current State disabled access requirements and City of Dublin Standards. Improvements or Occupancy of First Unit in affected Phase 50. Storm Drain Improvements. Applicant/Developer shall install all storm drain PW, Approval of improvements in general conformance with the tentative map, except that a public ZONE 7 Improvement Plans; Storm drainage easement shall be dedicated over Parcel "F"., The Tassajara Creek Drainage Maintenance Association shall provide vegetation maintenance in the Parcel "F" Improvements swale. Storm drain improvements shall include a Stormcepter manhole or similar to be pollutant filter at the outfall of the storm drain into Tassajara Creek. The manhole Constructed Prior to and/or property lines shall be amended to locate the manhole within the Maymont Acceptance of Lane public right-of-way and outside the Zone 7 parcel. Applicant/Developer shall Improvements be responsible for obtaining all necessary permits from regulatory agencies for the or Occupancy of outfall construction. Final design of the storm drain system and outfall shall be First Unit in subject to approval by Zone 7 and the City Engineer. affected Phase 51. Storm Drain Maintenance Responsibilities Applicant/Developer shall dedicate PW Approval of easements to the City over those portions of the storm drain system conveying Final Map runoff from public streets, consisting of the outfall, Stormcepter manhole, and pipes in Parcel "C",, and the system within the public portions of Somerset Lane and Maymont Lane.. The Homeowner's Association and/or Tassajara Creek Maintenance Association shall maintain the remaining portions of the system. 52. Storm Inlet on Adjoining Alameda County Property. According to the PW Approval of Improvement preliminary utility plan by Ruggeri-Jensen-Azar Inc. (Sheet 3 of the Tentative Map Plans exhibits), a storm water inlet is proposed on Alameda County property just west of the driveway separating Lots 70 and 74. Before installing said inlet, the Applicant/Developer shall submit written evidence that Alameda County has granted permission for this off-site improvement, and shall demonstrate that the Homeowner's Association will have a right to maintain the inlet in perpetuity. In the event the easement cannot be obtained, the project shall be modified to locate the inlet within Lots 70 and 74. 53. Parkland Dedication - The developer shall be required to pay a Public Facilities PW Approval of Fee in the amounts and at the times set forth in City of Dublin Resolution No. 60- Final Map 99, adopted by the City Council on April 6, 1999, or in the amounts and at the times set forth in any resolution revising the amount of the Public Facilities Fee, as implemented by the Administrative Guidelines adopted by Resolution 195-99. No credit against the dedication requirement shall be given for open space within this project. 54. Streetlights. Streetlights on City streets inside project shall be the City Standard PW Approval of cobra head luminaries with galvanized poles. Either standard City cobra head Improvement Plans; luminaries or approved decorative lights may be used on residential private streets. Streetlights to be Decorative lights shall be designed so as to not shine into adjacent windows. (All Constructed publicly-maintained street lights shall be annexed into the Citywide Street Light Prior to Maintenance Assessment District 1983-1 (for standard corbra-head type fixtures), Acceptance of or into the Dublin Ranch Street Light Maintenance Assessment District 1999-1. Improvements ................ or Occupancy of 13 PriOr to: All decorative street lights shall be maintained by the Homeowner's Association. First Unit in A street lighting plan which demonstrates compliance with this condition shall be affected Phase submitted prior to recordation of the Final Map and shall be subject to review and approval by the City Engineer. The type of residential streetlights used shall be located only on private streets and private court and shall be reviewed and approved by the City Engineer. 55. Graded Slopes/Erosion Control. All landscaped and graded slopes in open space PW October I of and creek areas shall be hydroseeded and treated with erosion control measures each year upon completion to prevent soil erosion. The hydroseed mix shall be subject to approval by the Director of Public Works. 56. Geotechnical Report and Recommendations. The Applicant/Developer shall PW Issuance of incorporate the recommendations of the Geotechnical report prepared for the Grading/Sitewor k Permit project, and additional mitigation measures required by the City Engineer into the project. The Geotechnical Engineer shall certify that the project design conforms to the report recommendations prior to issuance of a Grading/sitework Permit. 57. Grading on Adjacent Koller Property. According to the Vesting Tentative Tract Pw Issuance of Map exhibits by Ruggeri-Jensen-Azar & Associates, grading work is necessary on Grading/Sitewor the adjoining Koller (Lot 131 of Tract 7075) property. Before commencing ~vith k Permit any off-site grading, the Applicant/Developer shall provide written evidence from the adjoining property owner that this work is allowed. 58. Retaining Walls. All retaining walls over 30 inches in height and in a walkway B, PW Through shall be provided with guardrails. Ali retaining walls over 24 inches with a Completion surcharge or 36 inches without a surcharge shall obtain permits and inspections from the Building Division. T~FFIC ~ CIRC~ATION 59. Stop Sign Locations Applicant/Developer shall modify the existing intersections PW Occupancy of on Creekview Drive at Somerset Lane and Maymont Lane to provide a STOP sign, the First Unit in bar, and legend on the new west approach to each intersection, affected Phase 60. Somerset Lane and Street "A" Intersection. Applicant/Developer shall install a PW Occupancy of 3-way STOP control at the intersection Somerset Lane and Street A". any Unit in affected Phase 61. Maymont Lane and Street "A" Applicant/Developer shall install s 3-way STOP PW Occupancy of control at the intersection of Maymont Lane and Street "A". any Building in affected Phase 62. Parking Assignment Eight (8) parking spaces shall be restricted by signing or PW Occupancy of markings for the exclusive use of the below-market rate units, as shown on the any below market rate parking exhibit of the Planned Unit Development. The remaining spaces shall be Building unassigned and available to all residents and their guests.. 63. No Parking. Applicant/developer shall install no parking anytime signs or painted PW Occupancy of red curbs on Somerset Lane and Maymont Lane between Creekview Drive and the any Building in affected Phase west end of the public street. On-site parking shall be restricted to designated parking areas only. Areas along Street "A" that are not designated for parking shall have "No Stopping - Fire Lane" (Caltrans standard R26F) signs posted at appropriate intervals. 64. Tassajara Road/1-580 Interchange Improvement Cost Contribution. Applicant/ PW Issuance of Developer has previously paid a pro-rata share of the design and construction cost Building Permits of interchange improvements at the Tassajara Road/1-580 interchange, as determined by the City Engineer. Developer shall receive credit towards the subdivision Traffic Impact Fees (TIF) for such contribution to interchange improvements in accordance to the City TIF credit policies. 14 Prior toI ~A~DA COUNTY FLOOD CONTROL ~ WATER CONSERVATION DIST~CTi ZONE 7 65. Improvements. All improvements shall be to the satisfaction of Zone 7. Zone 7 Approval of Improvement Plans 66. Tassajara Creek. The subject property is located on Tassajara Creek (Line K). Zone 7 Zone 7's This portion of Tassajara Creek is included in Zone 7's "Project 1" Area, therefore, acceptance of Zone 7 cannot reimburse for any channel improvements but can take ownership if any parcel withinTassajara improvements are made to Zone 7 satisfaction Creek 67. Requirements and Fees. Applicant/Developer shall comply with all Alameda Zone 7, PW SDA 7-1 fees to County Flood Control and Water Conservation District-Zone 7 Flood Control be paid as follows: For requirements and applicable fees. Impervious Area within the public/private streets to be paid prior to approval of Final Map; For Impervious Area within each lot to be paid at the time of issuance of each Building Permit 68. Salt Mitigation. Recycled water projects must meet any applicable salt mitigation Approval of requirements of Zone 7. Improvement Plans 69. Wells. Any water wells, cathodic protection wells or exploratory borings shown on Zone 7, PW Issuance of Grading/Sitewor the map that are known to exist, are proposed or are located during field operations k Permit without a documented intent of future use, filed with Zone 7, are to be destroyed prior to any demolition or construction activity in accordance with a well destruction permit obtained from Zone 7 and the Alameda County Department of Environmental Services or are to be maintained in accordance with applicable groundwater protection ordinances. Other wells encountered prior to or during construction are to be treated similarly LANDSC~G 70. Trees. Thc Applicant/Developer shall install all trees within the site, Somerset PL, PW Approval of Lane, and Maymont Lane from the face of curb to the site right-of-way, and all Improvement street trees proposed within the public service easements, to the design and Plans; Landscaping to specifications of the Specific Plan and City of Dublin specifications, and to the be Constructed satisfaction of the City Engineer and Director of Community Development. Street Prior to tree varieties shall be planted along all street frontages and shall be shown on the Acceptance of Landscaping plans; at least 20% of the trees shall be a minimum size of 24"-box, Improvements or Occupancy of three trees shall be 36" box and the remainder shall be a minimum size of 15 First Unit in gallon. Exact tree locations and varieties shall be reviewed and approved by the affected Phase. City Engineer prior to planting. The proposed variety of trees to be planted adjacent to sidewalks or curbs shall be submitted for review and approval by the City Engineer. Root barriers shall be required unless other~vise determined by the City Engineer and the Director of Community Development. 71. Landscaping. The Applicant/Developer shall install all landscaping within the site, PL, PW Occupancy of Somerset Lane, and Maymont Lane from the face of curb to the site right-of-way, to the First Unit in affected Phase the satisfaction of the City Engineer and Director of Community Development. Eighty percent (80%) of all shrubs shall be five (5) gallon can size and the balance shall be one (1) gallon can size minimum. 15 Prio~ to: 72. Project Entries and Focal Areas. The Applicant/Developer shall install enhanced PL, PW Occupancy of landscaping at the entrances to the project along both sides of Somerset Lane and the First Unit in Maymount Lane from the trail to the residential lots to the to the satisfaction of the affected Phase City Engineer and Director of Community Development. Landscaping may include retaining walls as necessary, 24" box trees, five gallon shrubs, ground cover and turf. 73. Parcel "E" Landscaping. The Applicant/Developer shall construct all landscaping PL, PW Occupancy of within Parcel "E", from the face of walkway to the maintenance road, to the the First Unit in satisfaction of the City Engineer and Director of Community Development. Trees, affected Phase shrubs and ground cover selected for this area shall be native and shall be irrigated with a fully automatic underground irrigation system. 74. Parcels "F and G" Bioswale. The Applicant/Developer shall construct the PL, PW Occupancy of bioswale within Parcels"F and G", to satisfaction of the City Engineer and Director the First Unit in of Community Development. Design of the bioswale shall be to current Best affected Phase Management Practices and shall include a subdrain system. Trees, shrubs and ground cover selected for this area shall be installed to provide an appropriate transitional landscape area between the trail, bioswale and the homes. All plants shall be native with the exception of the hydroseeded perennial grasses and shall be irrigated with a fully automatic underground irrigation system. 75. Parcel "H" Landscaping. The Applicant/Developer shall construct all landscaping PL, PW Occupancy of within Parcel "H", to the satisfaction of the City Engineer and Director of the First Unit in Community Development. Trees, shrubs, ground cover and grasses selected for this affected Phase area shall be native and compatible with the oak grassland ecosystem. All ground cover, shrubs and trees shall be irrigated with a fully automatic underground irrigation system. Additional improvements shall include installation of one heavy duty park bench to be located near the sidewalk. 76. Open Space and Stream Corridor Parcel Landscaping. The landscape PL, PW Approval of improvements for creek open spaces and stream corridor Parcels "A"-"H" shall be Improvement installed by Applicant/Developer concurrently with the development of the adjacent Plans; Landscaping to residential parcel unless otherwise specified by the City Engineer or the be Constructed Development Agreement. Restoration/establishment plans, maintenance standards Prior Occupancy and monitoring programs are required for all stream corridors and open space areas of First Unit in that are proposed to be planted with trees and shrubs and shall be approved by the affected Phase City Engineer and the Community Development Director. 77. Fencing. The Applicant/Developer shall construct all fencing to the satisfaction of Occupancy of the City Engineer and Director of Community Development. Fencing shall be the First Unit in generally consistent with the Fencing Location Exhibit with the folowing affected Phase amendments: a) Install 2 rail fence at the property line, north from Lot 1 along back of walk to the opening of the EVA Regional trail. Continue 2 rail fence on opposite side of EVA trail along property line to north corner of property, and westerly to Koller drive. Continue 2 rail fence at property line west from Koller drive to private lattice top wood fence. b) Install 2 rail fence from Lot 46 to Lot 50 at property line adjacent to open space. c) Install open wire fence at the ends of the common driveways, along the property line, from Lot 2 to 4, from Lot 6 to 9, from Lot 13 to 17, from Lot 20 to 23, from Lot 26 to 29, from Lot 32 t 35, from Lot 38 to 41, and from Lot 43 to 45. Provide detail for this fencing. d) Install 2 rail fence from east comer of Lot 105 to the Koller driveway. e) Install open wire fence from Maymont bridge south along the east side of the maintenance road to the gates f) install 2 rail fence from the Maymont bridge to the Somerset bridge, along 16 Prior to: thc eastern edge of the maintenance road. g) Install 2 rail fence from Somerset bridge to thc northernmost property line of Parcel ';A' and then through Lot 131 to the EBRPD boundary, along thc east side of thc EVA trail. h). Install gates and/or other traffic control devices, at each intersection of thc EVA trail and maintenance road with project streets, to the approvals of thc director of Public Works and Community Director and Zone 7. i) Install open wire fence along west side of Lot 51 adjacent to open space j) All retaining wall design and construction shall be consistent with the design and construction of the perimeter wall. 78. Bridge Enhancements. The Applicant/Developer shall add columns at each end PL, PW Acceptance of and each side of the bridges with a similar design as the entry monuments as shown Public Improvements on sheet L-2 and to the satisfaction of the City Engineer and Director of by City Council Community Development. 79. Tree Protection and Preservation. The Applicant/Developer shall follow the tree PL Ongoing during preservation guidelines per the Tree Report for Phase 3, Yarra Yarra Ranch, Dublin, Construction CA, prepared by HortScience, lnc, September 2003: Specifically: a) Tree Preservation Notes shall be placed on all civil, landscape, and bridge plans, b) The consulting arborist will identify a Tree Protection Zone for all trees to be preserved, in which no soil disturbance is permitted, except as approved by the Arborist. c) Any herbicides placed under paving materials must be safe for use around trees and labeled for that use. d) Fence all trees to be retained, to completely enclose the Tree Protection Zone prior to demolition, grubbing, or grading. Fences shall be orange construction fencing or equal. Fencing shall be placed at the drip-line, and shall remain until all grading and construction is completed. e) Trees in the area of the creek crossings shall be pruned by a Certified Arborist or Tree Worker, according to ANSI A300 and Z 133 standards, as well as the Best Management Practices of the International Society of Arboriculture, to provide adequate clearance for construction. Clearance shall be provided by selectively thinning low-hanging lateral branches. f) Any grading, construction, demolition or other work within the Tree Protection Zone shall be monitored by the Consulting Arborist. g) Any root pruning required for construction shall receive the prior approval of, and be supervised by, the Consulting Arborist. h) If injury should occur to any tree during construction, it shall be evaluated as soon as possible by the Consulting Arborist so that appropriate treatments can be applied. i) No excess soil, chemicals, debris, equipment, or other materials shall be dumped or stored within the Tree Protection Zone. j) Any additional tree pruning needed for clearance during construction must be performed by a Certified Arborist and not by construction personnel. 80. Open Space Management Program. The Open Space Management Program by PW Program 17 prior to: Oberding Environmental dated January 15, 2003 shall be revised as needed to Approval of resulting from adopted conditions of approval of thc Vesting Tentative Map. The Final Map. revised Open Space Management Program shall be submitted for approval by the CC&R's submitted prior Community Development Department. The Open Space Management Program to Recordation shall reflect any changes in the open spaces resulting from conditions of approval of of Final Map the project. The Management Program for Open Space areas shall be in addition to and approved prior to any Fire Buffer Zone and shall address maintenance of enhanced landscape areas, Occupancy' of noxious weed control and fire control. Standards to ensure the healthy establishment An>' Unit and survival of all Open Space plantings shall be designated in the Open Space Management Program and shall be subject to final review and approval by the City at Applicant/Developer's expense. The program shall include provisions for mowing and removal of cut plant materials, debris, and other miscellaneous trash items. The requirements of this program shall be included in the Maintenance Association CC&R's and shall be subject to review and approval by the Community Development Director and City Engineer. Any necessary restoration of Open Space plantings shall be the responsibility of the Maintenance Association, and shall be completed according to the time frame contained within the Management Program. If the Open Space plantings are not maintained according to the standards established by the Management Program, the City will have the right, but not the obligation, to take corrective measures and to bill the Maintenance Association for the cost of such maintenance and corrective measures plus the City overhead costs. 81. Landscape Maintenance Applicant/Developer shall maintain landscaping after PL, PW Acceptance of City-approved installation until the appropriate Homeowner's Association or the Improvements Tassajara Creek Maintenance Association is established or amended to assume the by' City Council maintenance responsibilities. This maintenance shall include replanting, reseeding, irrigation, weeding and the application of pre-emergent chemicals. 82. Landscaping at Aisle Intersections. Landscaping at aisle intersections shall be PL, PW Approval of such that sight distance is not obstructed. Except for trees, landscaping shall not be Improvement Plans higher than 30 inches above the curb in these areas. 83. Landscape plantings. Establishment and Maintenance of required and/or optional PW, PL Acceptance of landscape plantings shall be the responsibility of the developer. A boned or other Improvements assurance may be required to ensure survival of plantings, by City Council Utilities 84. Utilities Service Report and Plan. Applicant/Developer shall submit will-serve ?w, PL Approval of letters to the City Engineer and Community Development Director to document that Improvement Plans domestic fresh water, electricity, gas, telephone, and cable television service will be provided to each residence. 85. Utility Boxes shown on Landscape Plans. Applicant/Developer shall show all PW, PL Approval of Improvement utility boxes or structures over 2 feet square on the Landscape planting plan Plans showing how the utility boxes will be screened and blended in the proposed landscape of street parkways and other areas. Also the boxes shall be placed not to interrupt spacing of street trees and other landscape features to the satisfaction of the City Engineer and Community Development Director. 86. Joint Utility Trenches/Undergrounding/Utility Plans. Applicant/Developer shall PW Occupancy of construct all joint utility trenches (such as electric, telephone, cable TV, and gas) in affected units accordance with the appropriate utility jurisdiction. All communication vaults, electric transformers, cable TV boxes, blow-off valves and any appurtenant utility items thereto shall be underground and located behind the proposed sidewalk within the public service easement, unless otherwise approved by the City Engineer and any applicable agency. Conduit shall be under the sidewalk within the public right of way to allow for street tree planting. Utility plans, showing the location of all 18 Prior to: proposed utilities (including electrical vaults and underground transformers) behind the sidewalk shall be reviewed and approved by the City Engineer. Location of these items shall be shown on the Final Landscaping and Irrigation Plan. Any above ground utilities of boxes over 3' x3' shall be screened from public view to the satisfaction of the City Engineer. ;; DIS 87. DSRSD Conditions. All in-tract potable and recycled water and wastcwatcr DSR pipelines and facilities shall be constructed by the Applicant/Developer in accordance with all DSRSD master plans, standards, specifications and requirements. Applicant/Developer shall also comply with all of the following conditions: General Conditions a) Complete improvement plans shall be submitted to DSRSD that conform to the Issuance of requirements of the DSRSD Code, the DSRSD "Standard Procedures, Specifications and Building Permits Drawings for Design and Installation of Water and Wastewater Facilities," all applicable DSRSD Master Plans and policies, and all Recycled Water Design and Construction Standards. b) All mains shall be sized to provide sufficient capacity to accommodate future flow Issuance of demands in addition to each development project's demand. Layout and sizing of mains Building shall be in conformance with DSRSD utility master planning. Permits c) Sewers shall be designed to operate by gravity flow to DSRSD's existing sanitary sewer Approval of system. Pumping of sewage is discouraged and may only be allowed under extreme Improvement Plans 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 value 20-year maintenance costs as well as other conditions within a separate agreement with Applicant/Developer for any project that requires a pumping station. d) Domestic and fire protection waterline systems for residential tracts or commercial Approval of developments shall be designed to be looped or interconnected to avoid dead-end sections Improvement Plans in accordance with requirements of the DSRSD Standard Specifications and sound engineering practices. e) DSRSD policy requires public water and sewer lines to be located in public streets rather Approval of than in off-street locations to the fullest extent possible. If unavoidable, public sewer or Improvement Plans water easements must be established over the alignment of each public server or water line in an off-street or private street location to provide access for future maintenance and/or replacement. f) The locations and widths of all proposed easement dedications for ~vater and sewer lines Issuance of shall be submitted to and approved by DSRSD. Grading Permit g) All easement dedications for DSRSD facilities shall be by separate instrument irrevocably Approval of offered to DSRSD or by offer of dedication on the Final Map. Final Map h) The Final Map shall be submitted to and approved by DSRSD for easement locations, Approval of widths, and restrictions. Final Map i) All utility connection fees, plan-checking fees, inspection fees, permit fees, and fees Issuance of associated with a wastewater discharge permit shall be paid to DSRSD in accordance with Building the rates and schedules established in the DSRSD Code. Permits 19 AGENCY ~Q'D prior to! j) All improvement plans for DSRSD facilities shall be signed by the District Engineer. Issuance of Each drawing of improvement plans shall contain a signature block for the District Building Permits Engineer indicating approval of the sanitary sewer or water facilities shown. Prior to approval by the District Engineer, Applicant/Developer 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. Applicant/Developer shall allow at least 15 working days for final improvement drawing review by DSRSD before signature by the District Engineer. k) No sewer line or water line construction shall be permitted unless the proper utility Issuance of construction permit has been issued by DSRSD. A construction permit will only be Building ' Permits and all issued after all of the DSRSD conditions herein have been satisfied. DSRSD requirements I) The Applicant/Developer shall hold DSRSD, its Board of Directors, commissions, On-going employees, and agents of DSRSD harmless and indemnify the same from any litigation, claims, or fines resulting from completion of the project. m) The project lies within the area annexed to the District in 1995 as DSRSD Annexation 94- Issuance of 1. All properties within this annexation are subject to District conditions that restrict the Building Permits availability of services. All parcels which seek service with the District within this area are also subject to a Condition of Annexation requiring an Areawide Facility Agreement which regulates the manner and timing of services by the District. n) The project is located within the District Recycled Water Use Zone #1 (Ord. 276), which Completion of calls for installation of recycled water irrigation systems to allow for the future use of Improvements recycled water for approved landscape irrigation demands. Major recycled water facilities are described in the DSRSD Eastern Dublin Facilities Plan Update, June 1997. Unless specifically exempted by the District Engineer, compliance with Ordinance 280, as may be amended or superseded, is required. Irrigation water services as necessary for this development shall connect to any off site extension and stub out to the property line adjacent to the irrigation service tap, to allow for conversion when recycled water is available. Improvement plans shall include required recycled water improvements. o) The parcel proposed for development has been excluded from the Water Service Area of Final Map the District by special condition imposed at the time of annexation to the District. Removal of this condition and inclusion of the parcel into the Water Service Area of the District requires independent action by the DSRSD Board of Directors. The subdividing area shall be included within the Water Service Area of the District prior to approval by the City for recordation of the final map. 88. Construction by Applicant/Developer. All in-tract potable and recycled water DSR, PW Completion of and wastewater pipelines and facilities shall be constructed by the Improvements Applicant/Developer in accordance with all DSRSD master plans, standards, specifications and requirements. 89. Responsibilities for Subdivider. Applicant/Developer shall comply with all DSR, PW Approval of implementation "responsibilities for subdivider" as outlined in Tables 9.1 and 9.2 of Improvement Plans the "Wastewater Service Matrix of Implementation Responsibilities" and Table 3 "Storm Drainage Matrix Implementation Responsibilities of the Eastern Dublin Specific Plan dated January 7, 1994 for water systems incorporated herein by reference and the Water Efficient Landscape Regulations (Chapter 8.88). ~ERGENC~'SE CE~ ~ DA ~ Y~ ~EP :i ~i 90. EVA/multi use road. The EVA shall be paved for a 14 feet width with gravel Approval of compacted to support the weight a fire apparatus to provide a 20 feet width. The Improvement Plans triangular shaped landscaped area in the north side EVA (near the gates) shall be reduced in size to allow a 20 ft wide EVA. 91. Gates. Gates shall comply with the City of Dublin, Zone 7 and EBRPD Approval of ~,,,;.am~.*o A II ..~ ........ [7;~ I%an.,.~,*,,~n* .... e ....... ~ oh~ll h...,a .~ .-~;.; .... Improvement 20 requirements. All gates across Fire Department access ways shall have a minimum Plans 12-foot clear, unobstructed linear width and a clear vertical height of 13 feet 6 inches. All locking devises shall provide for Fire Department emergency access. All gate plans shall be approved by the Fire Prevention Bureau prior to construction. 92. Automatic Fire Sprinklers. Homes shall be provided with automatic sprinkler F Approval of Improvement systems as indicated on PUD Sheet 7, or as required by the ACFD.. Plans 93. EVA Easement. The Applicant/Developer shall provide a copy of the recorded F Approval of Improvement easement or final map showing the EVA for the project. Plans 94. Fire Hydrant Fire Flow. The Applicant/Developer shall show location of the fire F Improvement hydrants and provide fire flow information from DSRSD to ACFD. Plans 95. Fire Hydrants. The Developer shall provide DSRSD standard steamer type (1-4- F Building permit 1/2" and 1-2-1/2" outlet) fire hydrant(s). Bollards shall be provided for the protection of fire hydrants subject to vehicle damage at the request of the ACFD. 96. Fire Hydrant location markers. The Developer shall identify the fire hydrant F Building permit locations by installing reflective "blue dot" markers adjacent to the hydrant 6 inches off center from the middle of the street. 97. Fire apparatus roadways. Fire apparatus roadways shall extend to within 150 feet F Occupancy of of the most remote first floor exterior wall of any building. Fire apparatus First Unit in affected Phase roadways shall have a minimum unobstructed width of 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. Roadways less than 36 feet wide shall be posted with signs and shall have red curbs painted with labels on one side, unless otherwised approved by the ACFD. Roadways less than 28 feet side shall be posed with signs and shall have red curbs painted with labels on both sides of the street, unless otherwise approved by the ACFD. The labels shall read as follows: "NO STOPP1NG FIRE LANE - CVC 22500.1" 98. Weight. Fire apparatus roadways and bridges must be capable of supporting the F Improvement imposed weight of fire apparatus and must be provided with an all-weather driving plans surface. Only paved surfaces are considered to be all-weather driving surfaces. 99. Turnarounds. The Developer shall make provisions so that fire apparatus roads in F Improvement excess of 150 feet in length have approved apparatus turnarounds, plans 100. Fire access prior to vertical construction or combustible storage on site. Fire F Building Permit. access roadways and water supply must be in place prior to vertical construction or combustible storage on site. A plan showing the access and water supply shall be submitted and approved by the Fire Prevention Bureau prior to issuance of a building permit. 101. Weed abatement program. The Developer shall provide a weed abatement F Approval of program before, during and after construction for vegetation within 100 feet from Imp. Plans, On- going combustible construction and 30 feet from the street and property lines, construction and after Occupancy of each Unit in affected Phase. 102. Wildland or open space interfaces. If Development interfaces with wildland or F Grading/Sitewor open space areas, a separate landscape plan for vegetation fuel modification and/or k Permit buffer zone(s) featuring fire resistive and drought tolerant varieties is required to be submitted and approved by the ACFD, City of Dublin, Fire Prevention Division, prior to issuance of grading and building permits. The zone(s) shall be shown/designated as separate lettered lots. The plan shall include dedicated easements for emergency and maintenance access to these zones. The maintenance, in perpetuity, for the zones and emergency/maintenance access ways shall be assigned to either the Homeowner's Association, the Tassajara Creek Maintenance Association, or other approved agent. These responsibilities shall be disclosed to 21 NO, CONDITION TEXT ~Sp, WHEN AGENcy prior to: property owner(s) by way of deed restrictions and/or covenants, conditions and restrictions. 103. Fire flow and hydrant location. The Fire Prevention Bureau shall approve F Improvement minimum fire flow and fire hydrant location, plans 104. Mowing of weeds. The Developer or a lighting and landscape maintenance district F Approval of and/or maintenance association shall ensure that weeds and grassy areas adjacent CC&R's open space areas (with the exception of the creek) are mowed as required by the ACFD or City of Dublin. 105. Street Names. All new street names and addressing shall be submitted for approval F Final Map to the Administrative Mapping Division of the ACFD, City of Dublin, Fire Prevention Division and the Alameda County Planning Department. 106. ACFD Rules, Regulations and Standards. Applicant/Developer shall comply F Issuance of with all Alameda County Fire Services (ACFD) rules, regulations and standards, Building Permits including minimum standards for emergency access roads and payment of applicable fees, including a City of Dublin Fire Capital Impact Fee. 107. Uniform Building and Fire Codes. The project shall comply with the Uniform B, F Throughout Building and Fire Codes as adopted by the City of Dublin at the time of building project permit, including the wildfire management plan and heritage tree ordinance. 108. Wildfire Management Plan. The applicant shall comply with the City's Wildfire PL, F Approval of Management Plan for covering long-term maintenance of the urban/open-space CC&R's interface. The Plan requirements shall be incorporated into the CC&R's for the project. Ifa Wildfire Management Plan has not been adopted prior to approving the CC&R's for the project, the applicant shall provide a project specific wildfire management plan and shall submit this plan prior to recordation of the Final Map. 109. Driveways. A driveway access serving one dwelling/structure shall have a F Improvement minimum 12 foot unobstructed linear width providing all portions of the first floor plans are within 150 feet of the required standard 20-foot wide minimum access road. A driveway serving two dwelling/structures shall have a minimum 12 foot unobstructed linear width. All driveway accesses shall meet Fire Department standards for distance, weight loads, turn radius, grades and vertical distance requirements. Approved turnarounds shall be required for distances over 150 feet from approved access roads. Other mitigation shall/may be required in addition to those listed. 110. Minimum number of access roads. The minimum number of access roads serving F Occupancy of residential developments shall be based on the number of dwelling units served and each Unit in shall be as follows: affected Phase a) 1-25 units, one public access road. b) 26-74 units, one public access road and one emergency vehicle access road c) 75 plus units, at least two public access roads. 111. Secondary Emergency Vehicle Access Route. In accordance with the ACFD PW, F, B Occupancy of requirements, for all phases of development in excess of 25 lots, each Unit in affected Phase Applicant/Developer shall provide secondary emergency vehicle access routes into all proposed residential developments. In all phases of development in excess of 75 lots, Applicant/Developer shall provide a second street access into all proposed residential developments. Applicant/Developer shall demonstrate how emergency access requirements shall be achieved on the Improvement Plans to the satisfaction of the City and the ACFD. 112. Access Phasing Plan. Submit a plan before construction begins showing how the F, B, PW Approval of construction shall be phased in regard to completion of the bridges and the EVA Improvement Plans access road. If applicable submit a phased occupancy plan also. The access roads and hydrants shall be installed and in service prior to the storage of combustibles or 22 vertical construction. 113. Address numbers. Approved address numbers shall be placed on all new and F Occupancy of existing buildings. The address shall be positioned as to be plainly visible and each Unit in affected Phase legible from the street or road fronting the property. Said numbers shall contrast with their background. POLICE 114. Residential Security. The project shall comply with the City of Dublin Residential PL, B Occupancy of Security Requirements and the Conditions of Approval for the Vesting Tentative each Unit Map. 115. Addresses. Unit addresses shall be lighted at night and clearly visible from the middle PL, B Occupancy of of the street, each Unit 116. Security. The project shall conform to the Residential Building Security PL, B, PO Issuance of Requirements of the currently adopted Uniform Building Security Code as amended Building permit pursuant to Chapter 7.32.220 of the Dublin Municipal Code 117. Traffic and Towing. The Developer shall either: (1) Post private street areas in PL, B Approval of accordance with California Vehicle Code regulations; and/or (2) Traffic and towing CC&R's and Occupancy of must be covered by CC&R's of the Homeowners Association. each Unit in affected Phase I 18. Access to Koller. The turnaround and parking area at the north end of the project shall PL, B Occupancy of be posted to ensure access to the property north of the project is maintained. Unit on Koller property I 19. Graffiti. The Developer and/or Property Owner shall keep the site clear of graffiti PL, B On-going vandalism on a regular and continuous basis at all times. Graffiti resistant materials and foliage should be used 120. Locator Markers. The trail along the east edge of the project shall have locator PL, B Occupancy of markers to assist in emergency response needs, each Unit in affected Phase 121. Restricted Access to Zone 7 Parcel D. The design of the Zone 7 access at the PL, B Acceptance of southeast edge of the project shall limit access to unauthorized persons and vehicles. Parcel D by Design features to accomplish this should include gates and signage. Zone 7 122. Perimeter fencing. Perimeter fencing for the project shall be at a minimum height of PL, B Occupancy of six (6) feet. each Unit in affected Phase 123. After Hours Security. The perimeter of the site shall be fenced during PL, B On-going during construction, and security lighting and patrols shall be employed as necessary. The Construction Developer shall provide after hours call-out information to Police Services on an "Emergency Response Form." Ali information shall be kept current and up to date. 124. Projected Timeline. Developer shall submit a projected timeline for project PO Issuance of completion to the Dublin Police Services Department, to allow estimation of Building Permits for each staffing requirements and assignments. Phase 125. Asbestos. PL, PW Prior to a) All regulated asbestos containing material (RACM) shall be removed prior renovation or demolition of to the renovation or demolition of structures on the property that could structures impact or disturb RACM. Any asbestos-containing material (ACM) that is friable, or may become damaged or friable during repairs, renovation, or demolition shall be removed prior to those destructive activities. b) Prior to removal of ACM an asbestos abatement/specification shall be prepared which sets forth the guidelines for proper and cost effective Prior to removal removal of ACM. The project specification shall outline the performance of ACM parameters for hazard remediation work standards, contamination control, health and safety, contractor qualifications, regulatory compliance, clearance and release criteria, and other requirements specific to this 23 Prior to: project. c) The design/specification shall be prepared by a qualified firm and shall be to the satisfaction of the City Engineer. d) Only qualified asbestos abatement contractors licensed by the Sate of Prior to removal of ACM California and registered with the Department of Occupational Safety and Health shall remove ACM. Ongoing e) The Applicant shall obtain an EPA generator identification number if greater than 50 pounds of friable/hazardous ACM will be removed and disposed of. The number can be obtained by calling (916) 324-1781. Ongoing f) An on-site monitor qualified as in "d" above shall observe the removal of ACM by the contractor to ensure compliance with accepted industry During ACM standard practices and regulatory standards, removal g) A final visual inspection and clearance air monitoring shall be performed by a firm qualified as in "d" above to certify that industry clearance standards are met prior to general re-entry of the asbestos abatement work area. The Prior to re-entry inspection and clearance shall be reviewed and approved by the City of the asbestos Engineer. abatement area 126. Lead. Lead paint was found on the east side of Tassajara Creek within the overall PL Prior to project site area, containing lead at or above the "action level" of 0.5% by weight or contractor 5,000 mg/kg, bidding on work a) The Applicant shall disseminate a copy of the ProTech Lead Survey and Evaluation report dated August 29, 1997, as well as any other lead-related Ongoing information to all prospective contractors bidding on work at the subject site. b) Contractors shall employ HUD developed; lead safe work practices if lead coated surfaces are to be impacted or disturbed. These would include Prior to issuance methods for controlling lead dust; properly controlling, collecting and of disposing of lead waste; worker training, monitoring, and protection; and Grading/Sitewor environmental monitoring, k permit c) The Applicant shall establish baseline soil and dust levels at the project site. Contractors performing work at the site shall be required to leave the site "clean" relative to pre-existing conditions as established by baseline sampling. d) (Refer to MND PA98-062 and Mitigation Measures for site) STO ,.M W T . oLLtrno ' 127. Best Management Practices. ApplicanffDcvclopcr shall demonstrate to the City Pw ^pproval of Engineer that the project development meets the requirements of the City of Improvement Dublin's "Best Management Practices" to mitigate storm water pollution. Plans CC&Rs/M~TENANCEmO~O~ERS OR M~TENANCE ASSOCIATION : 128. Covenants, Conditions and Restrictions (CC&Rs). PL, PW Occupancy of An Association shall be formed by recordation of a declaration of Covenants, First Unit Conditions, and Restrictions. Said declaration shall set forth the name of the association, ownership of the Common Area, the restrictions on the use or enjoyment of any portion of the Common Area for maintenance and/or access, and the bylaws, rules and regulations of the Association. Prior to recordation, said CC&R document shall be reviewed by the City for compliance with this Condition. The CC&Rs shall address maintenance of private streets, open space, including fire buffer zones; wildfire management areas; stream restoration landscape areas; community and neighborhood entries; landscaping, parkway areas, monumentation, private lighting, signage, walls, and fences, street trees, street signs, walks, street furniture, and the potential impacts that Camp Parks will have on the future 24 Prior to: residents (i.e., the CC&Rs should include a Camp Parks disclosure statement). The Declaration will specify that, as it pertains to the maintenance of the site improvements described by the Development Agreement, it cannot be amended without the consent of the City. The CC&Rs shall ensure that: 129. a) A Homeowner's Association shall be established for lots 1 through 108, complete with Bylaws, that will monitor and provide oversight to the ownership and maintenance of private streets (including any decorative paving on private streets), private drainage, and private street lights, landscaping and improvements within Open Space Parcel "H" owned by the HOA and all other common improvements. The Tassajara Creek Maintenance Association shall, upon completion of improvements, assume, maintenance of landscaping on Parcels "A", "B", "C .... D", "E", "F" and "G" which are owned by Zone 7 or the Homeowner's Association, Maymont Lane and Somerset Lane rights of way, and shall also monitor and maintain the California Red-Legged Frog seasonal pond on Parcel "D", the regional trail on Parcel "A"(unless the regional trail is maintained by EBRPD), the private trail on Parcel "B", and urban/open space interface and common areas as described above and elsewhere in these conditions relating to project improvements and obligations. The applicant shall provide proof of a financial security the satisfaction of the City Attorney and Community Development Director that will cover the cost of maintaining the above referenced landscaping and seasonal pond in perpetuity. In the event that any area falls into a state of disrepair or fails to meet the Performance Standards established by Olberding Environmental for the Tassajara Creek Restoration Plan, the City will have the right but not the obligation to take corrective measures and bill the appropriate security fund, homeowner and/or maintenance association for the cost of such repair and corrective maintenance work plus City overhead. These requirements shall be included in the project CC&Rs. 130. b) The CC&Rs shall insure that there is adequate provision for the maintenance, in good repair and on a regular basis, of all commonly owned facilities, property and landscaping, including but not limited to private open space areas, lighting, landscape and irrigation facilities, fencing, and drainage and erosion control improvements. 131. c) The parking of recreational vehicles between a building and a private street, along a private street, and along any public streets shall not occur. Recreational Vehicles are defined as a motorhome, travel trailer, utility trailer, boat on a trailer, horse trailer, camper where the living area overhangs the cab, camping trailer, or tent trailer, with or without motive power. 132. d) The landscaping and irrigation on individual parcels not maintained as common area by the Association shall be maintained and kept in good order by the resident and/or owner of each residence. 133. e) Private streets shall be posted in accordance with California Vehicle Code Section 22658, Sections 1 and 2. Fire lanes shall also be posted in accordance with California Vehicle Code Section 22500.1. 134. Affordable Housing Agreement. An Affordable Housing Agreement shall be PL Final Map entered into by the Developer and the City of Dublin as required by Section 8.68 of the Dublin Municipal Code. POISE ETY 3~ND ~ONSTR 135. Construction Noise Management Program/Construction Impact Reduction PL and/or Issuance of Plan. Applicant/Developer shall conform to the following Construction Noise PW Grading Permit Management Program/Construction Impact Reduction Plan. Construction shall be conducted so as to minimize the impacts of the construction on the existing community and on the occupants of the new homes as they are completed. 136. Construction Noise Management Program/Construction Impact Reduction Plan. The following measures shall be taken to reduce construction impacts: 1. Off-site truck traffic shall be routed as directly as practical to and from the freeway (I-580) to the job site. Primary route shall be from 1-580 along Tassajara Road. An Oversized Load Pemfit shall be obtained from the City prior to hauling of any oversized loads on City streets. 25 prior to! 2. 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 all excavated and graded areas and material to be transported off-site. Use recycled or other non-potable water resources where 'easible. 3. Construction equipment shall not be left idling while not in use. 4. All construction equipment shall be fitted with noise muffling devises. 5. Erosion control measures shall be implemented during wet weather to assure that sedimentation and erosion do not occur. 6. Mud and dust carried onto street surfaces by construction vehicles shall be cleaned-up on a daily basis. 7. Excavation haul trucks shall use tarpaulins or other effective covers. 8. Upon completion of construction, measures shall be taken to reduce wind erosion. Replanting and repaying should be completed as soon as possible. 9. Houses will be constructed in phases such that most of the construction traffic can be routed into the subdivision without traveling in front of existing homes that are occupied. 10. After grading is completed, fugitive dust on exposed soil surfaces shall be controlled using the following methods: A. Inactive portions of the construction site should be seeded and watered until grass growth is evident. B. Require that all portions of the site be sufficiently watered to prevent excessive amounts of dust. C. On-site vehicle speed shall be limited to 15 mph. D. Use of petroleum-based palliatives shall meet the road oil requirements of the Air Quality District. Non- petroleum based tackifiers may be required by the City Engineer. E. The Department of Public Works shall handle 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 project 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. 11. Construction interference with regional non-project traffic shall be minimized by: A. Scheduling receipt of construction materials to non-peak travel periods. B. Routing construction traffic through areas of least impact sensitivity. C. Routing construction traffic to minimize construction interference with regional non-project traffic movement. D. Limiting lane closures and detours to off-peak travel periods. E. Providing ride-share incentives for contractor and subcontractor personnel. 12. Emissions control of on-site equipment shall be minimized through a routine mandatory program of low- emissions tune-ups. OTHER CONDITIONS 137. I Temporary Fencing. Temporary Construction fencing shall be installed along B, PW On-going during perimeter of all work under construction, construction 26 : Prior to: 138. Postal Service. Applicant/Developer shall confer with local postal authorities to PL, PW Occupancy of determine the type of mail units required and provide a letter from the Postal First Unit in affected Phase Service stating its satisfaction with the units proposed. Specific locations for such units shall be subject to approval and satisfaction of the Postal Service and the Director of Community Development and City Engineer. A plan showing the locations of ali mailboxes shall be submitted for review and approval by the City Engineer. 139. Dust Control/Cleanup. Applicant/Developer shall ensure that areas undergoing PW On-going during grading and all other construction activity are watered or other dust control construction measures are used to prevent dust problems as conditions warrant or as directed by the City Engineer. Further, Applicant/Developer shall keep adjoining public streets and driveways free and clean of project dirt, mud, materials and debris, and clean- up shall be made during the construction period as determined by the City Engineer. 140. Hours of operation. Construction and grading operations shall be limited to week- PL On-going during days, Monday through Friday, and non-City holidays, between the hours of 7:30 construction a.m. and 5:00 p.m. The City Engineer may approve work on Saturday and hours beyond the above mentioned days and hours with the understanding that the developer is responsible for the additional cost of the Public Works inspectors' overtime. 141. Archaeology - Should any prehistoric or historic artifacts be exposed during PL, PW, B On-going during excavation and construction operations, the Department of Community construction Development shall be notified and work shall cease immediately until an archaeologist, who is certified by the Society of California Archaeology (SCA) or the Society of Professional Archaeology (SOPA), is consulted to evaluate the significance of the find and suggest appropriate mitigation measures, if deemed necessary, prior to resuming ground breaking construction activities. Standardized procedures for evaluating accidental finds and discovery of human remains shall be followed as prescribed in Sections 15064.5 and 15126.4 of the California Environmental Quality Act Guidelines. 142. Stationary Source Emissions. Applicant/Developer shall ensure that stationary PL lssuance of source emissions associated with project development are minimized. The Building Permits for each requirements of Mitigation Measure 3. l 1/12.0 of the Eastern Dublin EIR shall be affected Phase accomplished by the following requirements: a) The houses shall be designed to meet or exceed the requirements of Title 24 of' the California Code of Regulations (energy efficiency requirements). By meeting or exceeding these requirements, the houses will require less energy to heat and cool, thereby reducing the emissions created in the production of electric power and created by burning natural gas. b) The subdivision will utilize curbside recycling, which will reduce the amount of solid wastes from the subdivision, which would be deposited at a landfill site, thereby minimizing the amount of nitrous oxide emissions from the landfill. c) During rough grading construction the construction site will be regularly watered to contain dust, and after construction the front yards and street landscaping will be installed, thereby minimizing the amount of air pollution caused by airborne dust from the site. 143. Rodenticides and Herbicides. The use ofrodenticides and herbicides within the PL On-going during project area shall be performed in cooperation with and under the supervision of the construction Alameda County Department of Agriculture and will be restricted, to the satisfaction of the Director of Community Development, to reduce potential impacts to wildlife. 144. School Mitigation Agreement. The Developer shall enter into a School Mitigation PL Building 27 prior to: Agreement with the Dublin Unified School District. Permits for each affected Phase 145. Hold Harmless. The Applicant/Developer shall hold the City harmless for all costs PL, PW On-going and expenses, including attorney's fees, incurred by the City or held to be the liability of the City in connection with the City's defense of its actions in any proceeding brought in any State or Federal court challenging the City's actions with respect to the Applicant/Developer's project. 146. Federal and State Permits.. The Applicant Developer shall receive all necessary PL, PW Prior to issuance permits from the U.S. Fish and Wildlife Service or State Department of Fish and of Grading/Sitewor Game prior to any grading of the project site. k Permit. 147. Kit Foxes. Should any Kit Foxes be discovered on the site either during the PL, PW On-going during Preconstruction Survey or during project construction, the Applicant/Developer construction. shall be responsible for complying with the Kit Fox Protection Plan (Refer to EDSPEIR and MND for PA 98-062). SITE DEVELOPMENT PERMIT (PHASES III AND V) SITE DEVELOPMENT REVIEW - GREENBRIAR Phase III CONDITIONS PriOr to: ! GENERAL cOol'IONs 1 Approval. PA 02-048, Greenbriar Homes Communities, Inc. - Tassajara Creek, PL Approval of any plan or filing of Vesting Tentative Map 7414 is approved to subdivide an existing 20.34 acre parcel final map into individual lots for 108 detached homes and open space, a stream corridor and a regional trail. This approval shall conform generally to the plans, text, and illustrations contained in the Planned Unit Development Plans, including Sheets 1 through 8, prepared by Ruggeri-Jensen-Azar and Associates (October 10, 2003), the Vesting Tentative Map prepared by RJA and Associates, Sheets 9 through 14 (October 10, 2003), the Streetlight Plans prepared by Giacalone Design Services, Inc., Sheets SL1 through SL3 (September 4, 2003), the Landscape Plans Sheets L1 through L3 and the Tassajara Creek Restoration Plan Sheet L4 prepared by The Guzzardo Partnership, Inc. (October 10, 2003), the Architectural Plans Sheets 1 through 17 prepared by the Dahlin Group (September 12, 2003), and all other plans, programs, texts and diagrams submitted as part of the subdivision proposal on file in the Community Development Department unless modified by the Conditions of Approval contained herein. 2 Standard Conditions. The project shall comply with the City of Dublin Site PL, B On-going Development Review Standard Conditions. 3 }louse Numbers List. Applicant/Developer shall submit a house numbers list PL Issuance of corresponding to the lots shown on the Tentative Map. Said list is subject to Building Permits approval of the Director of Community Development. 4 Term. Approval of the Site Development Review shall be valid for one year from PL Approval of effective date of project approval. If construction has not commenced by that time, Improvement Plans this approval shall be null and void. The approval period for Site Development Review may be extended six (6) additional months by the Director of Community Development upon determination that the Conditions of Approval remain adequate to assure that the above stated findings of approval will continue to be met. (Applicant/Developer must submit a written request for the extension prior to the expiration date of the Site Development Review.) 5 Revocation. The SDR will be revocable for cause in accordance with Section PL On-going 28 Pd°~ to: 8.96.020.I of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this approval shall be subject to citation. 6. Wildfire Management Plan. The project is subject to the approved Wildfire On-going Management Plan. B, F, PL 7 Green Building Guidelines. To the extent practical, the applicant shall B lssuance of incorporate Green Building Measures. Green Building plan shall be submitted to Building Permits the Building Official for review. 8 Third floor units. The first of each plan constructed with three floor shall be B Through surveyed for actual square footage of the thrid floor. Certification shall be provided Completion to the Building Division prior to insulation of selected units. At the option of the BUILDING OFFICIAL the City may select other units for review at time of the third floor diaphragm inspection. If any unit is determined to be over 500 square feet by the City, developer shall have said unit surveyed. 9 Decks. Decks within or facing the Wildfire Management Plan shall be one-hour B, F, PL Issuance of fire resistive construction, heavy timber construction or constructed with Building Permits and Through noncombustible materials. See Wildfire Management Plan for specific Completion requirements 10 Air Conditioning Units - Air conditioning units and ventilation ducts shall be B, PL Occupancy of Unit screened from public view using materials compatible with the main building or by 6 ft. fence. Units shall be permanently installed plumb and level on concrete pads or other non-movable materials to be approved by the Building Official and Director of Community Development. Air conditioning units shall be located such that each dwelling unit has one side yard with an unobstructed width of no less than 36 inches. 11 Automatic Garage Door Openers - Automatic garage door openers shall be B, PL Occupancy of Unit provided for all dwelling units and shall be of a roll-up type. Garage doors shall not intrude into the private access easements. W~LS ~ FENCING 12 Fences. Fences within or facing thc Wildfire Management Plan that arc B, F, PL Issuance of constructed of combustible materials shall be separated from the perimeter of Building Permits and Through buildings containing habitable space by connecting to buildings with a Masonry Completion Pilaster. See Wildfire Management Plan for detail of Pilaster. 13 Perimeter Walls and Fences. Design of the masonry perimeter wall along the PW, PL Approval of west boundary of the project shall reflect the design concept shown on Sheet L-2 Improvement Plans of of the Tassajara Creek Phase III project (PA 02-048). Installation shall be to the satisfaction of the City Engineer. The wall shall be constructed to ensure its long term utility and appearance, golid perimeter walls shall not be permitted along the west and east property boundary for the two-acre estate lot (Lot 131, Tract 7075) and open space parcels. As noted in the PUD Plans, fences will be limited to open design fences to provide for California Red Legged Frog migratory patterns to the eastern uplands and require approval by the Community Development Director. 14 Wall or Fence Heights. All wall or fence heights shall be 6 feet high (except in PW Approval of those locations where Section 8.72.080 of the Zoning Ordinance requires lower Improvement Plans fence heights). All walls and fences shall be designed to ensure clear vision at all street intersections to the satisfaction of the City Engineer. 15 Retaining walls. All retaining walls over 30 inches in height and in a walkway B, PW Issuance of shall be provided with guardrails. All retaining walls over 24 inches with a Building Permits surcharge or 36 inches without a a surcharge shall obtain permits and inspections from Building Division. 16 Level area on both sides of fence. Fencing placed at the top of banks/slopes shall PW, PL Issuance of 29 Prior to: be provided with a minimum one-foot level area on both sides in order to facilitate Grading/Sitework maintenance by the property owners. Permit P~NG 17 Parking. Applicant/Developer shall provide parking in compliance With the PD PL Completion of Stage 2 Development Plan (PUD Sheet 5) Improvements 18 Recreational Vehicle Parking. Recreation vehicle (as defined in thc Dublin Acceptance of Zoning Ordinance) parking shall be prohibited on public streets. Signs shall be Improvements by posted to that effect. City Council pOLIcE 19 Residential Security. The project shall comply with the City of Dublin PL, B Occupancy of Residential Security Requirements and the Conditions of Approval for the Vesting Units Tentative Map 7414. L~DSCAPING I 20 Final Landscaping and Irrigation Plan. Applicant/Developer shall submit a PL, PW Issuance of Final Landscaping and Irrigation Plan, conforming to the requirements of Section Building Permits 8.72.030 of the Zoning Ordinance (unless otherwise modified by Conditions of this Resolution), stamped and approved by the City Engineer and the Director of Community Development. Alameda County Fire Department approval is also required where this project is adjacent to wildfire areas. That plan should generally conform to the Conceptual Landscape Plans _, except where modified by conditions of approval of the Stage 1 and Vesting Tentative Map and stream restoration program for this project (PA02-048). 21 Final Landscape Plan Review. The plant palette varieties shall be shall be PL Issuance of subject to review and approval of the Director of Community Development and Building Permits reviewed by the City's Landscape Architect to determine compatibility with reclaimed water use, where appropriate. An irrigation plan shall be submitted with Final Landscape Plans indicating that the system is designed for reclaimed water, where required by DSRSD. 22 Landscaping required. All front yards and common areas shall be landscaped by PL Prior to the Applicant/Developer prior to occupancy of the adjacent homes. Occupancy of first Unit in affected Phase 23 Fire-resistant or drought tolerant plant varieties. Fire-resistant or drought PL, F Issuance of tolerant plant varieties shall be provided in the plant palette to the maximum extent Building Permits possible. 24 Monument Signs. Design of any monument signs within the development shall PL, PW Completion of be approved by the Director of Community Development to assure compatibility Improvements with design elements of the project and by the City Engineer to assure unobstructed traffic visibility. 25 Backflow Devises. Backflow devises shall be hidden from view by means of PL Approval of Improvement fencing, enclosures, landscaping and/or berms. Plans 26 Water Efficient Landscape Regulations. Applicant/Developer shall ensure that PL, PW, Approval of Final the Final Landscaping and Irrigation Plan conforms to the City's Water Efficient DSR Landscape Plans Landscape Regulations, including dual piping to facilitate future recycled water. 27 Health, Design and Safety Standards. Prior to final approval allowing PW, PL Occupancy of Unit occupancy of any new home, the physical condition of the subdivision and the lot where the home is located shall meet minimum health, design, and safety standards including, but not limited to the following: 30 Prior to: a. The streets providing access to the home shall be complete to allow for safe PL Occupancy of Unit traffic movements to and from the home. b. All traffic striping and control signing on streets providing access to the PW Occupancy, of Unit home shall be in place. c. All street name signs on streets providing access to the homes shall be in PL Occupancy of Unit place. d. All streetlights on streets providing access to the homes shall be energized PW Occupancy of Unit and functioning. e. All repairs to the street, curb, gutter, and sidewalk that may create a hazard PW Occupancy of Unit shall be required or any non-hazardous repairs shall be complete and bonded for. f. Cluster homes shall have the dwelling address posted and backlit at or near B, F, PL Occupancy of Unit the front door and the garage vehicle door. g. The lot shall be finish graded, and final grading inspection shall have been B Occupancy of Unit approved by the Building Department. h. All sewer clean-outs, water meter boxes, and other utility boxes shall be set PW Occupancy, of Unit to grade to the approval of the Director of Public Works. i. The homes shall have received all necessary inspections and have final B Occupancy of Unit approval by the Building Department to allow occupancy. j. All fire hydrants in streets providing access to the homes shall be operable F Occupancy of Unit to City and ACFD standards. k. All streets providing access to the homes shall be improved to an adequate pw, F Occupancy, of Unit width and manner to allow for fire engine circulation to the approval of the Director of Public Works and ACFD. i. All mailbox units shall be at the back of the curb/sidewalk as appropriate. PL Occupancy of Unit The developer shall submit a mailbox design and location plan to indicate where mailboxes and associated lighting will be accommodated. The Postmaster shall be consulted for design criteria. Architectural enhancements should be provided to community mailboxes where visible from the project streets. m. Exterior lighting shall be provided for dwelling entrances and shall be of a PL, PO Occupancy of Unit design and placement so as not to cause glare onto adjoining properties. n. Lighting used after daylight hours shall be adequate to provide for security PL, PO, B Occupancy of Unit needs. (Photometrics and lighting plans for the site shall be submitted to the Department of Community Development and Dublin Police Services for review and approval prior to the issuance of building permits) 28 Glare/Reflective Finishes - The use of reflective finishes on building exteriors is PL Issuance of prohibited. In order to control the effects of glare within this subdivision, Building Permits reflective glass shall not be used on all east-facing windows. P~SED OCCUPANCY PLAN 29 Phased Occupancy Plan. If occupancy is requested to occur in phases, then ali PL, B Prior to Occupancy physical improvements within each phase shall be required to be completed prior for any affected Unit. to occupancy of units within that phase except for items specifically excluded in an approved Phased Occupancy Plan, or minor hand work items, approved by the Department of Community Development. The Phased Occupancy Plan shall be submitted to the Director of Community Development for review and approval a minimum of 45 days prior to the request for occupancy of any unit covered by said Phased Occupancy Plan. Any phasing shall provide for adequate vehicular access to all lots in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. No individual unit shall be occupied until the adjoining area is finished, safe, accessible, provided with all reasonably expected services and amenities, and separated from remaining additional construction 31 Prior to: activity. Subject to approval of the Director of Community Development, the completion of landscaping may be deferred due to inclement weather with the posting of a bond for the value of the deferred landscaping and associated improvements. 30 Access and the Phased Occupancy Plan B, F, PW Issuance of Prior to the issuance of the first building permit, applicant shall provide either A) Building Permits and Through Authorization from Alameda County for the use of the Alameda County private completion road and a paved access road from the Alameda County road to the appropriate building location or B) Either the Maymont Lane or the Somerset Lane Bridge shall be completed. An adequate water supply shall be in place and approved by the Fire Department prior to the storage of combustible material or vertical construction is started. Prior to the first certificate of occupancy either the Maymont Lane or the Somerset Lane Bridge shall be completed. Prior to issuance of the 26th building permit south of Somerset Lane Bridge, both bridges shall be complete. Prior to issuance of the 26th building permit north of Somerset Lane Bridge, one bridge and the Emergency Access Road shall be completed. Prior to issuance of the 75th building permit both bridges and the Emergency Access Road shall be completed. (Issuance of Building Permits and Through Completion) Responsible Agency - Building / Fire / Public Works. 31 Acknowledgment. Applicant/Developer shall obtain a written acknowledgment PL, ADM, B Sale of any unit (secured from the individual property owner) acknowledging the continuance of within a phase construction activity within the unoccupied phases of the project. The written acknowledgment shall include a statement that the property owner has reviewed and understands the following: a) Access and Phased Occupancy Plan. b) The proximity to the Department of the Army Parks Reserve Forces Training Area, County Sheriff training facilities and associated noise from the bomb detonation facility, firing ranges and emergency vehicle training c) Restrictions for parking on streets within the subdivision. No Parking areas, as established with the improvement plans, towing, and other traffic safety regulations shall be described. Additional parking restrictions (e.g.: red curb areas) may be applied in the future if traffic safety or circulation problems arise. d) Special standards for this development regarding yard setbacks for cluster units. Said acknowledgments are subject to City Attorney review and approval. Applicant/Developer shall keep a copy of said written acknowledgment on file and shall submit the original signed acknowledgment to the Department of Community Development within three (3) days upon request of the Director of Community Development. If Applicant/Developer fails to comply, the Director of Community Development may require the submittal of the written acknowledgment prior to release of occupancy of any future units and/or future phases. 32 Plot Plan. A plot plan for each lot shall be submitted and approved by the PL Issuance of Director of Community Development before approval of building permits for the Building Permits respective lot. Said plot plan shall include pad elevations, unit number and type, dwelling unit outline, air conditioning units, setbacks, lot drainage, and street utility locations. : 33 Residential Units shall comply with the architectural drawings submitted by The PL Issuance of Dahlin Group and shall generally conform to the colors and materials book for the Building Permits Tassajara Creek Phase III project PA 02-048, on file in the City of Dublin Department of Community Development. 32 Prior tol ~SCELLANEouS CO~ITIONs 34 Development Agreement. Approval of this Site Development Review is subject PL Recording of Final to Applicant/Developer securing approval from the City Council of a Development Map Agreement as required by the Eastern Dublin Specific Plan. 35 Infrastructure Sequencing Program. The Development Agreement shall include PW, PL Recording of Final an infrastructure sequencing program and shall be recorded. Map 36 Building Permit. To apply for building permits, Applicant/Developer shall submit B Issuance of eight (8) sets of construction plans to the Building Division for plan check. Each Building Permit set of plans shall have attached an annotated copy of these Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will or have been complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all participation non-City agencies prior to the issuance of building permits. 37 Fees. Applicant/Developer shall pay all applicable fees in effect at the time of PW, PL Various times, but building permit issuance, including, but not limited to, Planning fees, Building no later than Issuance of fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Building Permits Unified School District School Impact fees, Public Works Traffic Impact fees, City of Dublin Fire Impact fees; Noise Mitigation fees, Inclusionary Housing In-Lieu fees; Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; and any other fees as noted in the Development Agreement. Un-issued building permits subsequent to new or revised TIF's shall be subject to recalculation and assessment of the fair share of the new or revised fees. 38 Parkland Dedication - The developer shall be required to pay a Public Facilities PL As required in Fee in the amounts and at the times set forth in the City of Dublin Resolution No. Development 60-99, adopted by the City Council on April 6, 1999, or in the amounts and at the Agreement times set forth in any resolution revising the amount of the Public Facilities Fee, as implemented by the Administrative Guidelines adopted by Resolution 195-99. No credit against the dedication requirement shall be given for open space within this project. 39 Compliance With Requirements. Applicant/Developer shall comply with all F, PW, PO, Approval of applicable requirements of the Alameda County Fire Department, Public Works Zone 7, Improvement Department, Dublin Police Service, Alameda County Flood Control District Zone DSR, PL Plans 7, and Dublin San Ramon Services District. 33 SITE DEVELOPMENT REVIEW - KOLLER SITE (LOT 131) / PHASE V CONDITIONS I Approval. This Site Development Review approval for Tassajara Creek Phase PL Issuance of V of the Greenbriar Homes Communities, Inc. project (Lot 131 of Tract 7075), Building Permit PA 02-048 establishes the detailed design concepts and regulations for the project. Development pursuant to this Site Development Review generally shall conform to the Planned Unit Development Plans, including Sheets 1 through 8, prepared by Ruggeri-Jensen-Azar and Associates (October 10, 2003), the Vesting Tentative Map prepared by RJA and Associates, Sheets 9 through 14 (October 10, 2003), the Streetlight Plans prepared by Giacalone Design Services, Inc., Sheets SL1 through SL3 (September 4, 2003), the Landscape Plans Sheets L1 through L3 and the Tassajara Creek Restoration Plan Sheet L4 prepared by The Guzzardo Partnership, Inc. (October 10, 2003), Architectural Plans prepared by K+M for a single-family estate home dated July 29, 1998, and the Tassajara Creek color schemes book on file in the Department of Community Development, and other plans, text, and diagrams relating to this Site Development Review, unless modified by the Conditions of Approval contained herein. 2 Standard Conditions. The project shall comply with the City of Dublin Site PL, B On-going Development Review Standard Conditions. 3 House Numbers List. Applicant/Developer shall submit a house numbers list PL Issuance of corresponding lots shown on the Tentative Map. Said list is subject to approval Building Permit of the Director of Community Development. 4 Term. Approval of the Site Development Review shall be valid for one year PL Issuance of from effective date of approval by the Planning Commission. If construction has Building Permit not commenced by that time, this approval shall be null and void. The approval period for Site Development Review may be extended six (6) additional months by the Director of Community Development upon determination that the Conditions of Approval remain adequate to assure that the above stated findings of approval will continue to be met. (Applicant/Developer must submit a written request for the extension prior to the expiration date of the Site Development Review.) 5 Revocation. The SDR will be revocable for cause in accordance with Section PL On-going 8.96.020.1 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this approval shall be subject to citation. 6. Wildfire Management Plan. The project is subject to the approved Wildfire B, F, PL On-going Management Plan 7 Green Building Guidelines. To the extent practical, the applicant shall B Issuance of incorporate Green Building Measures. Green Building plan shall be submitted to Building Permits the Building Official for review. 8 Decks. Decks within or facing the Wildfire Management Plan shall be one-hour B, F, PL Issuance of fire resistive construction, heavy timber construction or constructed ~vith Building Permits noncombustible materials. See Wildfire Management Plan for specific requirements 9 Air Conditioning Units - Air conditioning units and ventilation ducts shall be B, PL Occupancy of screened from public view by a 6 ft. fence or materials compatible with the main Unit building. Units shall be permanently installed on concrete pads or other non- movable materials to be approved by the Building Official and Director of Community Development. Air conditioning units shall be located such that each dwelling unit has one side yard with an unobstructed width of no less than 36 inches. 34 NO. CONDITION TEXT RESPON, WHEN AGENCY ~Q'D ~ P~i°r to: 10 Automatic Garage Door Openers - Automatic garage door openers shall be B, PL Occupancy of provided for all dwelling units and shall be of a roll-up type. Garage doors shall Unit not intrude into the private access easements. 11 Open Space, Trail, and Creek Maintenance - Prior to issuance of building PW, PL, Issuance of permits, Applicant/Developer shall develop a plan for the ongoing maintenance ZONE 7 Building Permits of the portion of Lot 131 encompassed by the existing open space and trail easement. The plan shall include the following elements: a) Lot 131 shall annex to the Tassajara Creek Maintenance Association and the Homeowner's Association. b) The portion of Lot 131 encompassed by the open space easement shall be dedicated in fee to Zone 7, as required by Condtion of Approval #48 for Tract 7075. Maintenance access or improvements shall be provided as required by Zone 7. In the event Zone 7 is not willing to take ownership of the parcel in fee, the Applicant/Developer shall develop an alternate plan for the ongoing maintenance of the creek, in a manner acceptable to the City Engineer, such as easement dedication to Zone 7, or dedication of this area to the Maintenance Association. c) Maintenance of the regional trail shall be included in the license agreement between the City and Zone 7 and the sublicense agreement with EBRPD or the Maintenance Association, so that maintenance of the trail is transferred to either of these entities in conformance with the arrangements for Parcel "A" of Tract 7414. d) The Tassajara Creek Maintenace Association shall assume responsibility for the stream restoration plantings within the open space easement. WALLS AND FENCING ; , 12 Fences. Fences within or facing the Wildfire Management Plan that are B, F, PL Issuance of constructed of combustible materials shall be separated from the perimeter of Building Permits and Through buildings containing habitable space by connecting to buildings with a Masonry Completion Pilaster. See Wildfire Management Plan for detail of Pilaster. 13 Perimeter Walls and Fences. Solid perimeter walls shall not be permitted along PW, PL Approval of the west and east property boundary for the two-acre estate lot (Lot 131, Tract Improvement Plans 7075) As noted in the Stage 2 PUD Plans, fences will be limited to open design fences to provide for California Red Legged Frog migratory patterns to the eastern uplands and require approval by the Community Development Director. 14 Wall or Fence Heights. All wall or fence heights shall be 6 feet high (except in PW Approval of those locations where Section 8.72.080 of the Zoning Ordinance requires lower Improvement Plans fence heights). 15 Retaining walls. All retaining walls over 30 inches in height and in a walkway B, PW Issuance of Building Permit shall be provided with guardrails. All retaining walls over 24 inches with a surcharge or 36 inches without a a surcharge shall obtain permits and inspections from Building Division. 16 Level area on both sides of fence. Fencing placed at the top of banks/slopes PW, PL Issuance of shall be provided with a minimum one-foot level area on both sides in order to Building Permit facilitate maintenance by the property owners. 17 Tassajara Creek Regional Trail Improvements. Applicant/Developer shall PL, PW, Trail To Be construct the Tassajara Creeek Regional Trail through Lot 131, from the north EBRPD, Constructed Prior ZONE 7 to Final end of Parcel "A", Tract 7414, to the East Bay Regional Park District property. Inspection of Trail improvements shall consist ora 12' wide paved trail with a 4' gravel New Residence shoulder on the east (creek) side and a 2' gravel shoulder and a 2' concrete ditch and Utility on the west side, as shown on the tentative map. The trail shall be constructed Releases per Zone 7 and East Bay Regional Park District standards. The north end of the trail shall be designed to provide a connection to the existing dirt path on the 35 Prio~ to Park District property to the north. Final design shall be subject to approval of both agencies, as well as the City Engineer and the Director of Community Development. Trail improvements shall include fencing, bollards, and/or gates for unauthorized vehicle control at the entrances, including a 2-rail fence along the east side of the trail. PARE. lNG 1 8 Parking. Applicant/Developer shall provide parking in compliance with the PD PL Completion of Stage 2 Development Plan (PUD Sheet 5) Improvements 19 Recreational Vehicle Parking. Recreation vehicle (as defined in the Dublin Occupancy of Zoning Ordinance) parking shall be prohibited on public streets. Signs shall be Unit posted to that effect. "20 Residential Security. The project shall comply with the City of Dublin PL, B Occupancy of Residential Security Requirements and the Conditions of Approval for the Unit Vesting Tentative Map. LANDSC~G 21 Final Landscaping and Irrigation Plan. Applicant/Developer shall submit a PL, PW Issuance of Final Landscaping and Irrigation Plan, conforming to the requirements of Building Permits Section 8.72.030 of the Zoning Ordinance (unless otherwise modified by Conditions of this Resolution), stamped and approved by the City Engineer and the Director of Community Development. Alameda County Fire Department approval is also required where this project is adjacent to wildfire areas. 22 Stream Restoration Plan. This project is subject to the Eastern Dublin PL Landscape Plan Comprehensive Stream Restoration Program. The project includes the Tassajara to be Approved Prior to Issuance Creek Subdivision Tassajara Creek Restoration Plan prepared by Olberding of Building Environmental, Inc. dated August 1, 2003, Permit: A final landscape plan shall be submitted for the riparian restoration and shall be Landscaping to subject to the review and approval of the Director of Community Development be completed and by the City's Landscape Architect. The approved plan shall be implemented prior to final inspection of to the satisfaction of the City of Dublin. Creek restoration work (e.g.: removal house or utility of exotic plantings, supplemental native plants, etc.) shall be determined prior to releases construction by a biologist retained by the City and shall meet the requirements of the Eastern Dublin General Plan and Specific Plan EIR and the Mitigated Negative Declaration for this project. Restoration work shall be completed according to the timeframe contained in the Restoration Program. Trail and maintenance road construction shall be coordinated with any restoration work required under the Stream Corridor Restoration Program. Developer-provided bond or other financial security mechanism may be required. Tree plantings shall be located a minimum of 4 feet away from the regional trail. Landscaping work shall include an open wire fence along the open space easement line from Parcel "A", Tract 7414 to the East Bay Regional Park District property. 23 Landscaping required. All front yards and common areas shall be landscaped PL Prior to by the Applicant/Developer prior to occupancy of the adjacent homes. Occupancy 24 Fire-resistant or drought tolerant plant varieties. Fire-resistant or drought PL, F Issuance of tolerant plant varieties shall be required in the plant palette. Building Permits 25 Backflow Devises. Backflow devises shall be hidden from view by means of PL Issuance of fencing, enclosures, landscaping and/or berms. Building Permit 26 Water Efficient Landscape Regulations. Applicant/Developer shall ensure PL, PW, DSR Approval of Final that the Final Landscaping and Irrigation Plan conforms to the City's Water Landscape Plans Efficient Landscape Regulations, including dual piping to facilitate future recycled water. 36 NO. CONDITION TEXT [ RESPON; ~EN Prior to: STANDARDS 27 Health, Design and Safety Standards. Prior to final approval allowing Pw, PL Occupancy of occupancy of any new home, the physical condition of the subdivision and the Unit lot where the home is located shall meet minimum health, design, and safety standards including, but not limited to the following: a. The streets providing access to the home shall be complete to allow for PL Occupancy of safe traffic movements to and from the home. Unit b. All traffic striping and control signing on streets providing access to the PW Occupancy of home shall be in place. Unit c. All street name signs on streets providing access to the homes shall be in PL Occupancy of place. Unit d. All streetlights on streets providing access to the home shall be energized PW Occupancy of and functioning. Unit e. All repairs to the street, curb, gutter, and sidewalk that may create a hazard PW Occupancy of shall be required or any non-hazardous repairs shall be complete and Unit bonded for. g. The lot shall be finish graded, and final grading inspection shall have been B Occupancy of approved by the Building Department. Unit h. All sewer clean-outs, water meter boxes, and other utility boxes shall be PW Occupancy of set to grade to the approval of the Director of Public Works. Unit i. The home shall have received all necessary inspections and have final B Occupancy of approval by the Building Department to allow occupancy. Unit j. All fire hydrants in streets providing access to the homes shall be operable F Occupancy of to City and ACFD standards. Unit k. All streets providing access to the home shall be improved to an adequate PW, F Occupancy of width and manner to allow for fire engine circulation to the approval of the Unit Director of Public Works and ACFD. 1. All mailbox units shall be at the back of the curb/sidewalk as appropriate. PL Occupancy of The developer shall submit a mailbox design and location plan to indicate Unit where mailboxes and associated lighting will be accommodated. The Postmaster shall be consulted for design criteria. Architectural enhancements should be provided to community mailboxes where visible from the project streets. m. Exterior lighting shall be provided the dwelling entrances and shall be ora PL Occupancy of design and placement so as not to cause glare onto adjoining properties. Unit n. Lighting used after daylight hours shall be adequate to provide for security PL, PO, B Occupancy of needs. (Photometrics and lighting plans for the site shall be submitted to Unit the Department of Community Development and Dublin Police Services for review and approval prior to the issuance of building permits) 28 Glare/Reflective Finishes - The use of reflective finishes on building exteriors PL Issuance of is prohibited. In order to control the effects of glare within this subdivision, Building Permit reflective glass shall not be used on all east-facing windows. ACCESS P SEO OCC ANC¥ PLAN 29 Access and the Phased Occupancy Plan. The project is subject to requirements B, F, PW Issuance of for access and phased occupancy plan of Vesting Tentative Tract 7414. Building Permit and Through completion 30 Acknowledgment. Applicant/Developer shall obtain a written acknowledgment PL, ADM, B Occupancy of (secured from the individual property owner) acknowledging the continuance of Unit construction activity within the unoccupied phases of the project. The written acknowledgment shall include a statement that the property owner has reviewed 37 Prior to: and understands the following: a) Phased Occupancy Plan. b) The proximity to the Department of the Army Parks Reserve Forces Training Area, County Sheriff training facilities and associated noise from the bomb detonation facility, firing ranges and emergency vehicle training. c) Restrictions for parking on streets within the adjacent subdivision. No Parking areas, as established with the improvement plans, towing, and other traffic safety regulations shall be described. Additional parking restrictions (e.g.: red curb areas) may be applied in the future if traffic safety or circulation problems arise.d.d. Special standards for this development regarding yard setbacks for cluster units. Said acknowledgments are subject to City Attorney review and approval. Applicant/Developer shall keep a copy of said written acknowledgment on file and shall submit the original signed acknowledgment to the Department of Community Development within three (3) days upon request of the Director of Community Development. If Applicant/Developer fails to comply, the Director of Community Development may require the submittal of the written acknowledgment prior to release of occupancy of any future units and/or future ~hases. 31 Plot Plan. A plot plan shall be submitted and approved by the Director of PL Issuance of Community Development before approval of building permits for the residence. Building Permits Said plot plan shall include pad elevations, unit number and type, dwelling unit outline, air conditioning units, setbacks, lot drainage, and street utility locations. ARCHi~I ECTU~ 32 Residential Units shall comply with the architectural drawings submitted by PL Issuance of KM+P and shall generally conform to the colors and materials book for the Building Permits Tassajara Creek Phase III and Lot 131 of Tract 7075 (project PA 02-048) on file in the City of Dublin Department of Community Development. ~sCELL~ OUS CONDiI~IONS 33 Building Permit. To apply for building permits, Applicant/Developer shall B Issuance of submit eight (8) sets of construction plans to the Building Division for plan Building Permit check. Each set of plans shall have attached an annotated copy of these Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will or have been complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all participation non-City agencies prior to the issuance of building permits. 34 Fees. Applicant/Developer shall pay all applicable fees in effect at the time of PW, PL Final Building building permit issuance, including, but not limited to, Planning fees, Building Permits fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees, Public Works Traffic Impact fees, City of Dublin Fire Impact fees; Noise Mitigation fees, Inclusionary Housing In- Lieu fees; Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; and any other fees as noted in the Development Agreement. Un-issued building permits subsequent to new or revised TIF's shall be subject to recalculation and assessment of the fair share of the new or revised fees. 35 Parkland Dedication - The developer shall be required to pay a Public Facilities PL Addressed in Fee in the amounts and at the times set forth in the City of Dublin Resolution Development No. 60-99, adopted by the City Council on April 6, 1999, or in the amounts and Agreement 38 prior to: at the times set forth in any resolution revising thc amount of the Public Facilities Fee, as implemented by the Administrative Guidelines adopted by Resolution 195-99. No credit against thc dedication requirement shall be given for open space within this project. 36 Compliance With Requirements. Applicant/Developer shall comply with all F, PW, PO, Approval of applicable requirements of the Alameda County Fire Department, Public Works Zone 7, DSR, Improvement PL Plans Department, Dublin Police Service, Alameda County Flood Control District Zone 7, and Dublin San Ramon Services District. PASSED, APPROVED AND ADOPTED this 28th day of October, 2003. AYES: NOES: ABSENT: Nassar, King, Fasulkey Jennings ATTEST: ~~anager li~anning C~amr~ s s' '~i o n'X"~C~hai[P-~~- g:\pa02-048\PC tentative map and SDR Reso 39