HomeMy WebLinkAboutPC Reso04-16PA01-037 Dublin Ranch Area F, B&E Master Tract Maps 7281,7282,7283 RESOLUTION NO. 04 - 16
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING MASTER VESTING TENTATIVE TRACT MAP 7281, VESTING TENTATIVE TRACT MAP
7282, VESTING TENTATIVE TRACT MAP 7283 AND SITE DEVELOPMENT REVIEW FOR
PA 01-037 DUBLIN RANCH AREA F AND PORTIONS OF AREA B AND AREA E
WHEREAS, The applicant James Tong (representing Chang Su-O Lin, H. Yao Lin & H.L. Lin) has submitted an
application and has requested approval of a Master Vesting Tentative Tract Map, 2 Vesting Tentative Tract Maps and a
Site Development Review consisting of approximately 285.4 acres of land in the Eastern Dublin Specific Plan area at the
Dublin Ranch Areas F, B and E, south of Dublin Ranch Phase I, north of Central Parkway, east of Brannigan
Street and west of Fallon Road.; and
WHEREAS, a completed application for Tentative Tract Maps and Site Development Review is available and on
file in the Dublin Planning Department; and
WHEREAS, The City prepared an Addendum to a previously adopted Environmental Impact Report for the
Eastern Dublin Specific Planning Area and subsequent Mitigated Negative Declarations for Area B and Area F. This
Addendum included an analysis of potential environmental effects of the proposed Project. A recently conducted traffic
study concluded that the proposed project would not exceed or cause levels of service to be worse than those levels
addressed in the EIR for the eastern Dublin General Plan and Specific Plan Amendment approved in 1997. This fact is
the primary reason for finding that an additional Environmental Impact Report with updated mitigation measures would
not be required for approval of the proposed project; and
WHEREAS, a Development Plan has been submitted to the City as required by section 8.32 of the Dublin
Zoning Ordinance; and
WHEREAS, The State of California Subdivision Map Act and the adopted City of Dublin Subdivision
Regulations require that no real property may be divided into two or more parcels for the purpose of sale, lease or
financing, unless a tentative map is acted upon, and a final map is approved consistent with the Subdivision Map Act and
the City of Dublin Subdivision regulations; and
WHEREAS, the Planning Commission did hold a public hearing on said application on February 24, 2004; and
WHEREAS, proper notice of said hearing was given in all respects as required by law; and
WHEREAS, a Staff report was submitted to the Planning Commission recommending approval of the Master
Vesting Tentative Tract Map, the 2 Vesting Tentative Tract Maps and the Site Development Review subject to conditions;
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 City of Dublin Planning Commission does hereby
make the following findings and determinations regarding the proposed Tentative Tract Maps:
A. Master Vesting Tentative Tract Map 7281 and Vesting Tract Maps 7282 and &283 are consistent with the intent of
the applicable subdivision regulations and related ordinances.
B. Tentative Tract Maps 7281, 7282 and 7283 are consistent with the City's General Plan and Eastern Dublin Specific
Plan policies as amended by previous action as a part of this hearing and as they apply to the subject property in
that it is a subdivision for implementation of a residential community, a school site, park sites and public and semi
public land uses in an area designated for this type of development.
The design of the improvements of Tentative Tract Maps 7281, 7282 & 7283 are consistent with the Planned
Development District and Land Use and Land Use and Development Plan/District Planned Development Plan
approved as PA 96-039 as amended for this project and approved as a part of this hearing for this project and is
therefore consistent with the City of Dublin Zoning Ordinance
D. Tentative Tract Maps 7281, 7282 and 7283 are located adjacent to major roads on 285.4 acres of sloping property
and is, therefore, suitable to the type and density of development.
E. The design of the subdivision will not will not cause environmental damage or substantially injure fish or wildlife
or their habitat or cause public health concerns.
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The design of the subdivisions will not conflict with any 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.
NOW, THEREFORE BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby
make the following findings and determinations regarding said proposed Vesting Tentative Tract Maps.
CONDITIONS OF APPROVAL
1. Standard Public Works Conditions of Approvah Developer shall comply with all Prior to
applicable City of Dublin Standard Public Works Conditions of Approval included herein Recordation of
unless specifically modified by these Conditions of Approval. Final Map
2. Clarifications and Changes to the Conditions: In the event that there needs to be Prior to
clarification to these Conditions of Approval, the Director of Community Development and Recordation of
the City Engineer have the authority to clarify the intent of these Conditions of Approval to Final Map
the Developer without going to a public hearing. The Director of Community Development
and the City Engineer also have the authority to make minor modifications to these
conditions without going to a public hearing in order for the Developer to fulfill needed
improvements or mitigations resulting from impacts of this project.
3. Street Lighting Maintenance Assessment District: The Developer shall request the area Prior to
to be annexed into the Street Lighting Maintenance Assessment District and shall provide Recordation of
any exhibits required for the annexation. Final Map
4. Rights of Ways: Developer shall offer for dedication to the City of Dublin the rights of Prior to
way for Gleason Drive and Graflon Street (north of Gleason Drive). The Final Map shall Recordation of
show the location of the street monuments to be set in Gleason Drive and Grafton Street. Final Map
5. Parcels for Future Rights of Way: In addition to the Parcels on the Final Map for the Prior to
future the rights-of-way of Lockhart Street, Grafton Street (south of Gleason Drive) and Recordation of
Central Parkway, the Final Map shall include a Parcel for the future right of way of Fallon Final Map
Road within Tract 7281.
6. Community Park Parcel: The Community Park, Parcel 8, shall be shown on the Final Prior to
Map containing a minimum of 60.00 acres exclusive of any future Fallon Road right of Recordation of
way. A minimum 52 acres of Parcel 8 shall be deeded to the City for use as a Community Final Map
Park with the Final Map approval.
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7. Community Park Agreement: Prior to a Grading Permit for any grading between Gleason Prior to Grading
Drive and Central Parkway with the exception of Grafton Street connection and bulk Permit South of
grading of F West, an agreement between the Developer and the City of Dublin shall be Gleason with the
executed regarding the Community Park. This agreement shall include, but not be limited exception of
to, the following: Grafton Street
connection and
a) Provide for the dedication and the City to reimburse the Developer for the parkland bulk grading of F
over 52 acres in accordance with Section 17 of the Master Development Agreement West
for Dublin Ranch.
b) Require the Developer to bulk grade the park site with a minimum 500,000 cubic
yards in accordance to a bulk grading plan to be provided by the City. The bulk
grading to be at the sole cost of the Developer and include all preparation required
for the placement and compaction of fill on the site. The bulk grading shall include
the grading required for the revised Fallon Road alignment from Bent Tree Drive to
Central Parkway, and may include, at the option of the Developer, the bulk grading
for Fallon Road from Central Parkway to Dublin Boulevard. The City to provide
bulk grading plans and mutually agreed grading specifications to Developer within
two weeks after requested by the Developer. The City is to provide the
Geotechnical Services for the grading within the park site.
c) Require the Developer to provide a Phase I Environmental Report
d) Allow the Developer to place additional material, up to a specified limit, on the
park site subject to schedule constraint.
e) Set phasing / scheduling requirements for bulk grading the site.
f) Set phasing / scheduling requirements for the Developer to dedicate the adjacent
Lockhart Street and Central Parkway right of ways
g) Require that Storm Drain Line D be routed within the Central Parkway right of way
between Lockhart Street and the entrance to the park.
h) Set phasing / scheduling requirements for Developer to construct the stream
corridor around the park and limit the parcel width to 70 feet.
i) Discuss phasing, scheduling and responsibilities for the construction of Central
Parkway & Lockhart Street improvements including park frontage.
j) Discuss the phasing, schedule and responsibilities for the construction of Fallon
Road, on the new alignment south of Bent Tree Drive to the connection to the
existing roadway, and provide for the return of excess rights of way to the
Developer.
k) Coordinate the location of the park entrances with proposed surrounding residential
development, and limit the number and width of the streambed corridor crossings.
I) Discuss reimbursement for street frontage right of way for Gleason Drive, Fallon
Road-and Central Parkway.
8. Master Grading Plan: Prior to a Grading Permit for any grading in the area between Prior to Grading
Gleason Drive and Central Parkway with the exception of Grafton Street connection and Permit South of
bulk grading of F West the Developer shall prepare a Master Grading Plan for remainder of Gleason with the
Dublin Ranch. The Master Grading Plan needs to be based only on conceptual grading exception of
schemes for development. The Master Grading Plan shall include the estimated cut and fill Grafion Street
for each grading area (bounded by arterial and collector streets) including the Community connection and
Park. A plan for any adjustments that may be required to balance the project grading shall bulk grading ofF
be included. The Master Grading Plan shall include construction phasing. The Dublin West
Ranch Master Drainage Plan Hydrology Map shall be updated in regards to drainage areas
and storm drain line and size locations to reflect current plans at the request of the City
Engineer. The Master Grading Plan will be in advance of development plan applications
and thus subject to change by either party through the Site Development Review and/or
Tentative Tract Map process for projects within this map area.
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9. Sidewalks: Applicant shall enter into an agreement with the City to construct the sidewalk Prior to
improvements on the west side of Grafton Street and on the north side of Gleason Drive Recordation of
between Grafion Street and Brannigan Street, and to construct a temporary five-foot wide Final Map
AC path within the existing rights of way across the Dublin Land Company property to the
satisfaction of the City Engineer. The agreement shall require the improvements to be
constructed prior to occupancy of the school on Parcel 1 or with development of Area F1
(Parcel 3) or F2 (Parcel 4) whichever occurs first.
10. Utility Structnres: The Public Works Standard Condition of Approval No. 39 is modified Prior to
to allow four above ground utility structures as shown on the approved Site Development Recordation of
Review exhibits for this project. Final Map
11. Temporary Drainage Release: The Developer shall provide the City a Temporary Prior to
Drainage Release that accepts drainage from Dublin Ranch public streets to drain across Recordation of
the undeveloped land of the Developer within Dublin Ranch. Final Map
C WORKS TENTA TRACT MAP 7282
12. Standard Public Works Conditions of Approval: Developer shall comply with all Prior to
applicable City of Dublin Standard Public Works Conditions of Approval dated included Recordation of
herein unless specifically modified by these Conditions of Approval. Final Map
13. Clarifications and Changes to the Conditions: In the event that there needs to be Prior to
clarification to these Conditions of Approval, the Director of Community Development and Recordation of
the City Engineer have the authority to clarify the intent of these Conditions of Approval to Final Map
the Developer without going to a public hearing. The Director of Community Development
and the City Engineer also have the authority to make minor modifications to these
conditions without going to a public hearing in order for the Developer to fulfill needed
improvements or mitigations resulting from impacts of this project.
14. Covenants, Conditions and Restrictions (CC&Rs): A Homeowners Association shall be Prior to
formed by recordation of a declaration of Covenants, Conditions, and Restrictions to Recordation of
govern use and maintenance of common areas and facilities. Said declaration shall set forth Final Map
the Association name, bylaws, rules and regulations. The CC&Rs shall ensure that there is
adequate provision for the maintenance, in good repair and on a regular basis, of the
landscaping, irrigation, fences, walls, drainage, lighting, signs and other improvements in
Parcels A, B, C, D, and E and within the adjacent street frontage right of way. The
Developer shall submit a copy of the CC&R document to the City for review and approval
relative to this condition.
15. Bulk Grading Parcel 5 of Tract 7281: Developer shall prepare a conceptual grading plan Prior to
for Parcel 5 to be approved by the City Engineer. The rough grading for Tract 7282 shall Recordation of
be designed to bulk grade Parcel 5 so that this parcel will generally balance if graded Final Map
according to the conceptual grading plan.
16. Rough Grading the School Site: (Parcel 1 of Tract 7281): With the rough grading of Tract Prior to
7282 the Developer shall rough grade the school site to a condition that will generally Recordation of
balance earthwork on this parcel when graded according to the School District's site plans. Final Map
17. Retaining Walls: The location and height of retaining walls are not approved as shown on Prior to
the Tentative Map. Retaining walls will be reviewed and approved with the Site Recordation of
Development Review. Side yard retaining walls shall be a maximum height of two feet if Final Map
on the property line. Side yard retaining walls over one foot in height shall be masonry.
All other retaining walls shall be a maximum height of four feet and shall be a minimum
three feet off the property line. The City Engineer may approve exceptions to the four-foot
height limit for unique lot conditions with the Site Development Review.
18. Typical Street Sections: The Typical Street Sections shall be modified from those shown Prior to
on Sheet 1 of the Tentative Map to provide a minimum one-foot wide flat (2%) area at the Recordation of
top of all slopes and behind the sidewalk Final Map
19. Street Widths: All public streets shall be of sufficient width to allow parking on both Prior to
sides. The Fire Department requires a minimum 20-foot wide travel lane thus the cul de Recordation of
sacs will need to be 46 feet from curb to curb not 44 feet as shown on the Tentative Map Final Map
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20. Sidewalks: Applicant shall construct the sidewalk improvements on the west side of Prior to
Grafion Street and the north side of Gleason Drive west of Grafton Street, and construct a Recordation of
temporary five-foot wide AC path on the north side of Gleason Drive within the existing Final Map
rights of way between Tassajara Road and Brannigan Street to the satisfaction of the City
Engineer.
21. Kohnen Lane: Developer shall construct full street improvements including frontage curb Prior to
& gutter, sidewalk, median curbs, pavement, drainage, sanitary sewer, water, utilities, Recordation of
traffic signage & pavement markings, and street lighting on Kohnen Lane as shown on the Final Map
Tentative Map and to the satisfaction of the City Engineer. Parking will not be allowed on
the south side of Kohnen Lane east of Shelton Lane, a cross walk and stop signs are to be
provided at the school exit, a left turn lane is to be provided at the school entrance, and four
way stop signs are to be provided at the Kohnen Lane / Grafion Street intersection. All
final lane configuration shall be subject to review and approval of the City Engineer.
22. Brannigan Street: Developer shall construct street improvements on Brannigan Street as Prior to
shown on the Tentative Map to the satisfaction of the City Engineer. The improvements to Recordation of
include curb & gutter (both frontages except the Dublin Land Company's frontage), Final Map
sidewalk (east frontage), median curbs, pavement, drainage, sanitary sewer, water, utilities,
traffic signage & pavement markings, and street lighting. Sidewalk on the west side will not
be required. If the City has acquired rights of way and permission to grade from the Dublin
Land Company, the Developer may grade and construct the roadway improvements
including median with landscaping and the western frontage curb at the Gleason Dr
entrance to the satisfaction of the City Engineer.
23. Pedestrian Pathway: Developer shall construct pedestrian pathway improvements across Prior to
Parcel D between Edgecomb Place and Brannigan Street and Readfield Way and Gleason Recordation of
Drive, and across Parcels A & E between the end of the cul de sacs and Kohen Way to the Final Map
satisfaction of the City Engineer. Pathway lighting will not be required other than the
normal lighting within the adjacent streets.
24. Traffic Signals: Developer shall install a traffic signal at the intersections of Gleason Drive Prior to
and Brannigan Street. The City intends to collect 50% of the cost of this traffic signal as a Recordation of
condition for development of the property to the west of the intersection and reimburse the Final Map
Developer these funds
25. Median Landscaping: Developer shall install landscaping in the median islands on Prior to
Gleason Drive (Brannigan Street to Grafion Street), Kohnen Way and Grafton Street. A Recordation of
separate irrigation system, meter, and electrical power supply shall be provided for the Final Map
median landscaping within Gleason Drive~
PIIBLICWO~ TENTA~ TRACT:~7283 : : : :: : : : :
26. Standard Public Works Conditions of Approval: Developer shall comply with all Prior to
applicable City of Dublin Standard Public Works Conditions of Approval included herein Recordation of
unless specifically modified by these Conditions of Approval. Final Map
27. Clarifications and Changes to the Conditions: In the event that there needs to be Prior to
clarification to these Conditions of Approval, the Director of Community Development and Recordation of
the City Engineer have the authority to clarify the intent of these Conditions of Approval to Final Map
the Developer without going to a public hearing. The Director of Community Development
and the City Engineer also have the authority to make minor modifications to these
conditions without going to a public hearing in order for the Developer to fulfill needed
improvements or mitigations resulting from impacts of this project.
28. Covenants, Conditions and Restrictions (CC&Rs): A Homeowners Association shall be Prior to
formed by recordation of a declaration of Covenants, Conditions, and Restrictions to Recordation of
govern use and maintenance of common areas and facilities. Said declaration shall set forth Final Map
the Association name, bylaws, rules and regulations. The CC&Rs shall ensure that there is
adequate provision for the maintenance, in good repair and on a regular basis, of the
landscaping, irrigation, fences, walls, drainage, lighting, signs and other improvements in
Parcels A, B, C and D and within the adjacent street frontage right of way. The Developer
shall submit a copy of the CC&R document to the City for review and approval relative to
this condition.
29. View Easements: View easements shall be recorded on lots 4, 5, 12, 13, 18-33 and 37-41. Prior to
The easements shall restrict the height of vegetation planted on the lot, limit the height of Recordation of
accessory structures and limit the type of rear yard fence in order to minimize the impact on Final Map
the view from the adjacent lots within Tracts 6959 and 6960. The height limits shall be no
higher than one-foot above the adjacent rear yard elevation. The height limits for these lots
are shown in a Table on the Tentative Map.
30. Building Heights: The maximum building height (top roof line) on lots 4, 5, 9-64 shall be Site
restricted to be no higher than the rear yard elevation of the closest lot in Tracts 6959 and Development
6960. These restrictions will be applied with the Site Development Review and plot plan Review
approvals.
31. Retaining Walls: The location and height of retaining walls are not approved as shown on Prior to
the Tentative Map. Retaining walls will be reviewed and approved with Site Development Recordation of
Review. Side yard retaining walls shall be a maximum height of two feet if on the property Final Map
line. Side yard retaining walls over one foot in height shall be masonry. All other retaining
walls shall be a maximum height of four feet and shall be a minimum three feet off the
property line. The City Engineer may approve exceptions to the four-foot height limit for
unique lot conditions with Site Development Review.
32. Typical Street Sections: The Typical Street Sections shall be modified from those shown Prior to
on Sheet 1 of the Tentative Map to provide a minimum one-foot wide flat (2%) area at the Recordation of
top of all slopes and behind the sidewalk. Final Map
33. Drainage Easement: The storm drain easement in lot 96 shall be eliminated by connecting Prior to
the storm drain line in Ridgefield Way to the line in Grafton Street. The Developer shall Recordation of
modify the Dublin Ranch Master Drainage Plan to include this change. If the hydraulic Final Map
calculations for the existing storm drain line in Grafton Street do not support this change
the City Engineer will allow the drainage easement on lot 96.
34. Sidewalks: Applicant shall construct the sidewalk improvements on the east side of Prior to
Grafton Street and the north side of Gleason Drive from Brannigan Street to Fallon Road, Recordation of
and construct a temporary five-foot wide AC path on the north side of Gleason Drive Final Map
within the existing rights of way between Tassajara Road and Brannigan Street to the
satisfaction of the City Engineer.
35. Pedestrian Pathway: Developer shall construct a pedestrian pathway across Parcel D Prior to
between the Ridgefield Court and Gleason Drive the satisfaction of the City Engineer. Recordation of
Since an alternative route is available this pathway may have stairs and does not need to Final Map
meet ADA requirements.
36. Traffic Signals: Developer shall install a traffic signal at the intersections of Gleason Prior to
Drive and Rock Hill Way. Recordation of
Final Map
37. Dougherty Road & Dublin BIvd Intersection: The Development Agreement shall Prior to
include provisions that if the City does not have sufficient Category 2 Eastern Dublin Recordation of
Traffic Impact Fee (TIF) funds available, the Developer shall advance the City monies for Final Map
the Project's fair share of the deficiency of the costs of design, right-of-way acquisition and
construction of the City Capital Improvement Project at the Dublin Boulevard / Dougherty
Road intersection. City shall provide a credit to the Developer for Category 2 TIF for any
monies advanced pursuant to this condition. The City's Administration Guidelines for
Eastern Dublin Traffic Impact Fees (Resolution No. 23-99) shall govern all aspects of the
credit.
38. Gleason Drive, Fallon Road and Grafton Street Median Landscaping: Developer shall Prior to
install landscaping in the median islands on Gleason Drive (Graflon to Fallon Road), Recordation of
Fallon Road and Grafton Street. A separate irrigation system, meter, and electrical power Final Map
supply shall be provided for the median landscaping within Gleason Drive.
39. Rear Yard landscaping: The Developer shall landscape the rear yard slopes abutting the Prior to
existing homes in Tracts 6959 and 6960. Planting on these slopes shall be restricted so that Recordation of
the mature-height will not be higher than one foot above the elevation of the rear yard of Final Map
the adjacent lots at the top of the slope. Plants used shall be reviewed by the Directors of
Community Development and Public Works in conjunction with the Site Development
Review process.
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NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does
hereby make the following findings and determinations regarding said proposed Site Development Review:
A. Approval of this application (PA 01-037) as conditioned is consistent with the purpose and intent of Section 8.104
(Site Development Review) of the Dublin Zoning Ordinance.
The approval of this application, as conditioned, will comply with the policies of the General Plan, the Eastern
Dublin Specific Plan as amended, and the Planned Development Rezoning and Development Plan for the project
which allows for commercial development at this location.
The approval of this application, as conditioned, will not adversely affect the health or safety of persons residing
or working in the vicinity, or be detrimental to the public health, safety and general welfare as the development is
consistent, as conditioned with all laws and ordinances of the City of Dublin.
D. 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 desirable environment
for the development.
E. The subject site is physically suitable for the type and intensity of the approved development.
F. Impacts to view have been addressed and the project has been found to be consistent with the Eastern Dublin
Scenic Corridor Policies and Standards document.
Impacts to existing slopes and topographic features have been addresses as the subject property is essentially flat.
The project has been designed with architectural considerations, including the character, scale and quality of the
design, the architectural relationship with the site and other buildings have been incorporated into the project and
as Conditions of Approval in order to ensure compatibility of this development with the development's design
concept and character of surrounding uses.
Landscape considerations, including the location, type, size and coverage of plant materials and similar elements
combined with Conditions of Approval have been established to ensure visual relief and an attractive public
environment.
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The approval of this application, as conditioned, is in conformance with regional transportation plans and requires
the Applicant/Developer to either construct or pay for the project's fair share of transportation improvements.
The approval of the Site Development Review is consistent with the Dublin General Plan and the as amended
Eastern Dublin Specific Plan.
CONDITIONS OF APPROVAL
Unless otherwise stated, all Conditions of Approval shall be complied with prior to final occupancy of any building,
and shall be subiect to Planning Department review and approval. The following codes represent those
departments/agencies responsible for monitoring compliance with the Conditions of Approval: IPLI Planning, lB1
Building, IPO1 Police, [PWl Public Works, [ADMI Administration/City Attorney, IFIN] Finance, [PCSl'Parks and
Community Services, IF1 Alameda County Fire Dept., IDSR1 Dublin San Ramon Services District, [CO1 Alameda
County Flood Control and water Conservation District Zone 7.
1. Final Landscape Plan: Applicant/Developer shall submit final landscape plans (for all on and PL
off-site areas), conforming to the requirements of Section 8.72.030 of the Zoning Ordinance Issuance of
(unless otherwise required by this Resolution), which shall be subject to the review and Building
approval by the Director of Community Development and the Director of Public Works. The Permit
landscape plans shall include the following information: hardscape details, striping details,
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quantity, size, spacing and species of landscape elements, and light standards. All above ground
utilities shall be screened from view.
2. Standard Plant Material, Irrigation System and Maintenance Agreement: PL
Applicant/Developer shall sign and submit a signed copy of the City of Dublin Standard Plant Occupancy
Material, Irrigation System and Maintenance Agreement prior to the occupancy of any units.
3. Development Agreement/Expiration: The approval of this project shall be predicated upon PL
and pursuant to the terms set forth in the Development Agreement between the Chang Su-O- On-going
Lin, H. Yao Lin and H.L. Lin. 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. The Development Agreement must be effective prior to issuance of
building permits.
4. Revocation: The SDR will be revocable for cause in accordance with Section 8.96.020.I of the PL
Dublin Zoning Ordinance. Any violation of the terms or conditions of this approval shall be On going
subject to citation.
5. Effective Date: SDR and Tentative Map approvals shall not become effective until the and the PL
approval of the General Plan and Eastern Dublin Specific Plan Amendments and the Planned Issuance of
Development Rezone has become effective. Grading
Permits
6. Required Permits: Applicant/Developer shall comply with the City of Dublin Zoning Various
Ordinance and obtain all necessary permits required by other agencies (Alameda County Flood Various times,
Control District Zone 7, California Department ofFish and Game, Army Corps of Engineers, but no later
Regional Water Quality Control Board, State Water Quality Control Board, Etc.) and shall than Issuance
submit copies of the permits to the Department of Public Works. of Building
Permits
7. Term: Approval of the Site Development Review shall be valid for one year from approval by PL
the Planning Commission. If construction has not commenced by that time, this approval shall On-going
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.)
8. Solid Waste/Recycling: Applicant/Developer shall comply with the City's solid waste Bldg.
management and recycling requirements. On-going
9. Rodenticides and Herbicides: The use of rodenticides and herbicides within the project area PL
shall be performed in cooperation with and under the supervision of the Alameda County Issuance of
Department of Agriculture and will be restricted, to the satisfaction of the Director of Grading
Community Development, to reduce potential impacts to wildlife. Permit
10. Archaeological Materials: If, during construction, archaeological materials are encountered, PL
construction within 100 feet of these materials, shall be halted until a professional Archaeologist On-going
who is certified by the Society of California Archaeology (SCA) or the Society of Professional
Archaeology (SOPA) has had an opportunity to evaluate the significance of the find and suggest
appropriate mitigation measures, if they are deemed necessary
11. Kit Foxes: Should any Kit Foxes be discovered on the site, either during the Preconstruction PL, PW
Survey or during project construction, the Applicant/Developer shall be responsible for Issuance of
complying with the Kit Fox Protection Plan. Grading
Permit
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12. Preconstruction Survey: Applicant/Developer shall comply with all Eastern Dublin Specific PL, PW
Plan EIR mitigation measures for mitigating potentially significant plant and animal species Issuance of
impacts. Within 60 days prior to any habitat modification, Applicant/Developer shall submit a Grading
preconstruction survey, prepared by a biologist (to be approved by the City prior to Permit
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
13. Hold Harmless/Indemnification: Applicant/Developer shall defend, indemnify, and hold PL, ADM
harmless the City of Dublin and its agents, officers, and employees from any claim, action, or Through
proceeding against the City of Dublin or its agents, officers, or employees to attack, set aside, completion of
void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Improvements
Commission, City Council, Director of Community Development, Zoning Administrator, or any and
other department, committee, or agency of the City the Tentative Parcel Map or Site Occupancy of
Development Review to the extent such actions are brought within the time period required by the Building
Government Code Section 66499.37 or other applicable law; provided, however, that the
Applicant/Developer's duty to so defend, indemnify, and hold harmless shall be subject to the
City's promptly notifying the Applicant/Developer of any said claim, action, or proceeding and
the City's full cooperation in the defense of such actions or proceedings.
14. Parking Of Recreation Vehicles: The parking of Recreational Vehicles overnight, as defined PL
by the Zoning Ordinance, shall be prohibited. On-going
15. Landscape Maintenance: The landscaping and irrigation on individual parcels shall be PL
maintained and kept in good order by the owner of each parcel. Occupancy of
any building
16. Public Facilities Fee: Applicant/Developer shall pay a Public Facilities Fee in the amounts and PCS
at the times set forth in City of Dublin Resolution No. 195-99, or in the amounts and at the Issuance of
times set forth in any resolution revising the amount of the Public Facilities Fee. Building
Permits
17. Fire Conditions: Developer shall comply with all conditions of the Alameda County Fire F
Department (ACFD), including: Issuance of
a. Final location of fire hydrants shall be approved by the Alameda County Fire Building
Department in accordance with current standards. Minimum fire flow design shall be Permits
for 1500 gallons per minute with 20-psi residual flowing from a single hydrant.
Raised blue reflectorized traffic markers shall be epoxied to the center of the paved
street opposite each hydrant. A drawing of the approved locations shall be submitted
for future reference.
b. Fire lanes shall be identified in the plan and approved by the ACFD prior to
installation.
c. Emergency Vehicle Access roadways shall be designed and installed to support the
imposed loads of fire equipment. The minimum standard shall be H20 design.
Design shall be approved by ACFD prior to installation.
d. Prior to the delivery of any combustible material storage on the site, fire hydrants,
water supply, and roadways shall be installed and sufficient water storage and
pressure shall be available to the site.
e. Approved roadway shall be first lift of asphalt.
f. Plans may be subject to revision following review.
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18. Projected Timeline: Applicant/Developer shall submit a projected timeline for project PO
completion to the Dublin Police Services Department, to allow estimation of staffing Issuance of
requirements and assignments Building
Permits
19. Residential Security: Applicant/Developer shall comply with all applicable City of Dublin PO
Residential Security Requirements. Occupancy of
Any Building
20. Clear of Graffiti: The developer and/or property owner and/or tenant shall keep the site clear PL
of graffiti vandalism on a regular and continuous basis. Graffiti resistant paint for the structures On-going
and film for windows or glass should be used.
21. Notification Requirements: In conjunction with the Site Development Review procedure Site
required for the individual residential units to be constructed Tract 7283, Neighborhood F-2, Development
the developer will prepare a written statement, to be signed by each home purchaser, detailing Review &
the specific constraints regarding building height, view easements and landscape height on the Certificate of
lots referenced in Public Works conditions 29. The content of the written statement shall be Occupancy
reviewed and approved by the Community Development Director. The developer shall submit
the signed statement to the Community Development Department prior to the issuance of
occupancy certificates.
22. CC & R's: A detailed explanation of the constraints to building heights, view easements and Final Map for
landscape height shall be placed in the CC & R's to be reviewed and approved by the City of Tract 7283
Dublin prior to recordation of the Final Map. These references shall also detail enforcement
procedures to assure compliance as well as remedies to change conditions which violate those
conditions referenced in Public Works Conditions 29, 30 and 39.
23. Site Development Review: The developer of the homes on the individual lots referenced in Site
Public Works Conditions 29, 30 and 39, shall, during the Site Development Review phase, Development
provide design development drawings that assure compliance. Special architectural Review &
considerations and treatments may be needed to lessen the impact to the adjacent homes in During
Tracts 6959 and 6960 but in no instance shall the highest peak of the roof of any home exceed Construction
the maximum building height as specified in the tentative map conditions 29 and 30. Survey
certification may be required by the Directors of Community Development and Public Works if
there is a question regarding compliance to the Site Development Review
PUBLIC WORKS STANDARD CONDITIONS OF APPROVAL:
GENERAL:
The Developer shall comply with the Subdivision Map Act, the City of Dublin Subdivision, Zoning, and Grading
Ordinances, the City of Dublin Public Works Standards and Policies, and all building and fire codes and ordinances
in effect at the time of building permit. All public improvements constructed by Developer and to be dedicated to
City are hereby identified as "public works" under Labor Code section 1771. Accordingly, Developer, in
constructing such improvements, shall comply with the Prevailing Wage Law (Labor Code, sects. 1720 and
following).
In the event that there needs to be clarification to the Conditions of Approval, the Director of Community
Development and the City Engineer have the authority to clarify the intent of these Conditions of Approval to the
Developer without going to a public hearing. The Director of Community Development and the City Engineer also
have the authority to make minor modifications to these conditions without going to a public hearing in order for the
Developer to fulfill needed improvements or mitigations resulting from impacts to this project.
The Developer shall defend, indemnify, and hold harmless the City of Dublin and its agents, officers, and
employees from any claim, action, or proceeding against the City of Dublin or its agents, officers, or employees to
attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning
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Commission, City Council, Community Development Director, Zoning Administrator, or any other department,
committee, or agency of the City to the extent such actions are brought within the time period required by
Government Code Section 66499.37 or other applicable law; provided, however, that The Developer's duty to so
defend, indemnify, and hold harmless shall be subject to the City's promptly notifying The Developer of any said
claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings.
Any water well, cathodic protection well, or exploratory boring on the project property must be properly abandoned,
backfilled, or maintained in accordance with applicable groundwater protection ordinances. For additional
information contact Alameda County Flood Control, Zone 7.
AGREEMENT AND BONDS:
5. The Developer shall enter into a Tract Improvement Agreement with the City for all tract improvements.
The Developer shall provide performance (100%), and labor & material (100%) securities to guarantee the tract
improvements, approved by the City Engineer, prior to execution of the Tract Improvement Agreement and
approval of the Final Map. (Note: Upon acceptance of the improvements, the performance security may be replaced
with a maintenance bond that is 25% of the value of the performance security.)
FEES:
The Developer shall pay all applicable fees in effect at the time of building permit issuance including, but not
limited to, Planning fees, Building fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin
Unified School District School Impact fees, Public Works Traffic Impact fees, Alameda County Fire Services 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.
Parkland shall be dedicated and / or in-lieu fee paid, prior to approval of the Final Map or issuance of building
permits, whichever occurs first, in accordance with the City's Subdivision Ordinance.
PERMITS:
An encroachment permit from the Public Works Department may be required for any work done within the public
right-of-way even if covered under an Improvement Agreement.
10.
Developer shall obtain all permits required by other agencies including, but not limited to Alameda County Flood
Control and Water Conservation District Zone 7, California Department of Fish and Game, Army Corps of
Engineers, Regional Water Quality Control Board, Caltrans and provide copies of the permits to the Public Works
Department.
SUBMITTALS:
11.
All submittals of plans and Final Maps shall comply with the requirements of the "City of Dublin Public Works
Department Improvement Plan Submittal Requirements", and the "City of Dublin Improvement Plan Review
Check List".
12.
The Developer will be responsible for submittals and reviews to obtain the approvals of all participating non-City
agencies. The Alameda County Fire Department and the Dublin San Ramon Services District shall approve and sign
the Improvement Plans.
13. Developer shall submit a Geotechnical Report, which includes street pavement sections and grading
recommendations.
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14.
Developer shall provide the Public Works Department a digital vectorized file of the "master" files for the project
when the Final Map has been approved. Digital raster copies are not acceptable. The digital vectorized files shall be
in AutoCAD 14 or higher drawing format. Drawing units shall be decimal with the precision of the Final Map.
objects and entities in layers shall be colored by layer and named in English. All submitted drawings shall use the
Global Coordinate System of USA, California, NAD 83 California State Plane, Zone III, and U.S. foot.
FINAL MAP:
15. The Final Map shall be substantially in accordance with the Tentative Map approved with this application, unless
otherwise modified by these conditions.
16. All rights-of-way and easement dedications required by the Tentative Map including the Public Service Easement
shall be shown on the Final Map.
17. Street names shall be processed for approval through the Planning Department. The approved street names shall be
indicated on the Final Map.
EASEMENTS:
18. The Developer shall grant to the City of Dublin easements for traffic signal detectors, boxes conduit, etc. at all
private streets and driveways entrances that will be signalized.
19. The Developer shall obtain abandonment from all applicable public agencies of existing easements and right of
ways that will no longer be used.
AYES:
NOES:
ABSENT:
ABSTAIN:
PASSED, APPROVED and ADOPTED this 24th day of February, 2004
Cm. Fasulkey, Nassar, King, and Machtmes
Community Development Director
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