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HomeMy WebLinkAboutPC Reso04-48 PA 04-005 Brittany Lane SDR RESOLUTION NO. 04 - 48 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A SITE DEVELOPMENT REVIEW FOR COX/McCANDLESS SINGLE-FAMILY RESIDENCE ON AN EXISTING LOT (LOT 8) AT 11183 BRITTANY LANE, PA 04-005 WHEREAS, Ryan Cox and Jeanette McCandless have requested approval of a Site Development Review for a single family home on an existing lot, Lot 8 of Block 1 of Tract 5073, at 11183 Brittany Lane; and WHEREAS, a completed application for Site Development Review is available and on file in the Dublin Planning Department; and WHEREAS, the environmental impacts of this project were addressed under the Negative Declaration prepared for the PA 85-035 Hatfield Development Corporation Planned Development Rezoning, Annexation and Site Development Review of which the subject lot was a part. The Negative Declaration was prepared and adopted by City Council in accordance with the California Environmental Quality Act (CEQA), State CEQA Guidelines and the City of Dublin Environmental Guidelines. WHEREAS, a Site Development Review is required for this project by Conditions 4 and 12 of City Council Resolution 82-85 approving P A 85-035.3, Hatfield Development Corporation Investec, Inc.; and WHEREAS, the project is consistent in all respects with the Heritage Tree Ordinance as it will not damage or endanger any Heritage Tree; and WHEREAS, the project is consistent in all respects with Dublin General Plan and Zoning Ordinance and additional Conditions of Approval have been incorporated into this resolution; and WHEREAS, the project is consistent in all respects with the Conditions of Approval of City Council Resolution 82-85; and WHEREAS, the Planning Commission did hold a public hearing on said application on June 22, 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 Site Development Review P A 04-005, as shown in Exhibit A, Project Plans, subject to conditions contained herein; and WHEREAS, the Planning Commission did hear and considered all said reports, recommendations and testimony hereinabove set forth and used their independent judgment. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby make the following findings and determinations regarding said proposed Site Development Review: A. The approval of this application (P A 04-005) is consistent with the intent/purpose of Section 8.104 (Site Development Review) of the Zoning Ordinance and the Planned Development Zoning approved as P A 85-035, for a residential subdivision. B. The approval of this application, as conditioned, complies with the policies of the General Plan, the Zoning Ordinance, the Heritage Tree Ordinance and City Council Resolution 82- 85, as it will not damage or endanger any Heritage Tree. C. The approval will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and general welfare because all applicable regulations will be met by the project plans and the conditions incorporated into the project. D. Impacts to views have been addressed by sensItIve design and siting of the proposed single-family residence through the hipped design of the roof and the building setbacks. E. Impacts to existing slopes and topographic features are addressed in the project through the use of a partial pier and grade beam foundation and by minimal grading, cut and fill, as shown on the Preliminary Grading Plan. F. The approval of this application, as conditioned, is in conformance with regional transportation plans considered in the project traffic study for P A 85-035. G. The approval of this application, as conditioned, is in the best interests of the public health, safety and general welfare of persons working and residing in the project vicinity as the development is consistent with all laws and ordinances and implements the requirements of the General Plan, the Zoning Ordinance, the Heritage Tree Ordinance and City Council Resolution 82-85. H. The proposed physical site development, including the intensity of development, site layout, grading, vehicular access, circulation and parking, setbacks, height, walls, public safety measures and similar elements, as conditioned, have been designed to provide a desirable environment that is compatible with the design of the neighborhood. I. Architectural considerations, including the character, scale and quality of the design, the architectural relationship with the site, and building materials and colors, screening of exterior appurtenances, exterior lighting and similar elements have been incorporated into the project and as Conditions of Approval in order to insure compatibility of this project with the existing character of surrounding development. J. Landscape considerations, including the locations, type, size, color, texture and coverage of plant materials, provisions and similar elements have been considered to insure visual relief and an attractive environment for the public and have been incorporated into the Landscape/Planting Plan as shown on Sheet L-I of the Project Plans. NOW, THEREFORE BE IT FURTHER RESOLVED THAT the Dublin Planning Commission does hereby find that: A. The Cox/McCandless Site Development Review is consistent with the intent of applicable 2 subdivision regulations and related ordinances. B. The design and improvements of the Cox/McCandless Site Development Review is consistent with the Dublin General Plan policies as they relate to the subject property as it is a single- family residential dwelling unit consistent with the Single-Family Residential designation of the Dublin General Plan, which allows a density of 0.9 to 6 units per acre. The proposed project conforms to density and intensity of use envisioned in the General Plan as the existing subdivision lot would be built at a density of 3 units per acre. C. The Cox/McCandless Site Development Review is consistent with the Heritage Tree Ordinance, City Council Resolution 82-85 and with the City of Dublin Zoning Ordinance as a Heritage Tree Protection Plan, dated February 2001, was prepared by Hortscience and submitted by the Applicant to ensure that the Heritage Trees on-site are not damaged by construction activities. Furthermore, a letter dated February 11, 2004, was prepared by Hortscience and submitted by the Applicant stating that the proposed home is consistent with the findings and recommendations of the Heritage Tree Protection Plan. D. The home will be placed on a framework of deep-seated piers and grade beams and partial slab foundation. This will minimize grading impacts. Functional padded exterior living areas are proposed in the front yard and in raised deck areas. Therefore, the site is physically suitable for the type and intensity of the single-family residential unit proposed by this project. E. The environmental impacts of this project were addressed under the Negative Declaration prepared for the P A 85-035 Hatfield Development Corporation Planned Development Rezone, Annexation and Site Development Review of which the subject lots were a part. The Negative Declaration was prepared and adopted by City Council in accordance with the California Environmental Quality Act (CEQA), State CEQA Guidelines and the City of Dublin Environmental Guidelines. NOW, THEREFORE BE IT FURTHER RESOLVED THAT THE City of Dublin Planning Commission hereby conditionally approves the Site Development Review for PA 04-005 to construct a single family residence on Lot 8 of Block 1, Tract 5073, and further identified as Assessors Parcel Number 941-2775-037, and as generally depicted by materials labeled Exhibit A, stamped "approved" and on file in the City of Dublin Planning Department. This approval shall conform to the project plans as follows: plans prepared by ED I Architecture consisting of a colored elevation and colors and materials dated received February 17,2004, project plans dated received June 8, 2004, and Second Floor and Roof, page 2, and Front and Rear Elevations, page 3, dated received June 15, 2004; engineering plans prepared by RMR dated received June 9, 2004; and the Heritage Tree Protection Plan dated February 2001 as referenced in the letter prepared by Hortscience dated received February 17, 2004, unless modified herein for this project, on file in the Department of Community Development, and modified by the Conditions of Approval contained below. CONDITIONS OF APPROVAL Unless otherwise stated, all Conditions of Approval shall be complied with prior to final occupancy of the dwelling unit 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: rPLl Planning, rBl Building, rPOl Police, rPWl Public Works, rADMl Administration/City Attorney, rFINl Finance, rPCSl Parks and Community Services, rFl Alameda County Fire Dept., rDSRl Dublin San Ramon Services District, rCOl Alameda County Flood Control and water Conservation District Zone 7. 3 NO. CONDITION TEXT RESPON. WHEN SOURCE AGENCYI REQUIRED DEPART. Prior to: GENERAL CONDITIONS 1. Term. Pursuant to Section 8.96.020(D) (as amended) of the PL On-going Zoning Zoning Ordinance, construction shall commence within one Ordin- (1) year of Site Development Review approval, or the Site ance Development Review approval shall lapse and become null and void. Commencement of construction means the actual construction pursuant to the Site Development Review approval, or, demonstrating substantial progress toward commencmg such construction. The original approvmg decision-maker may, upon the Applicant's written request for an extension of approval prior to expiration, and upon ~e determination that any Conditions of Approval rem am adequate to assure that applicable findings of approval will continue to be met, grant a time extension of approval for a period not to exceed 6 months. All time extension requests shall be noticed and a public hearing or public meeting shall be held as reQuired bv the Darticular Permit. 2. Fees. Applicant/Developer shall pay all applicable fees in Various Various times, Zoning effect at the time of building permit issuance, including, but but no later Ordin- not limited to, Building fees, Dublin San Ramon Services than Issuance ance District Fees, Public Facilities Fees, Dublin Unified School of Building District School Impact fees, City Fire Impact fees; Alameda Permits County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; and any other fees as applicable. 3. Revocation. The SDR will be revocable for cause m PL On-going Zoning accordance with Section 8.96.020.1 of the Dublin Zoning Ordin- Ordinance. Any violation of the terms or conditions of this ance approval shall be subiect to citation. 4. Required Permits. Applicant/Developer shall comply with Various Various times, Zoning the City of Dublin Zoning Ordinance and obtain all necessary but no later Ordin- permits required by other agencies (Alameda County Flood than Issuance ance Control District Zone 7, California Department of Fish and of Building Game, Army Corps of Engineers, Regional Water Quality Permits Control Board, State Water Quality Control Board, Etc.) and shall submit copies of the permits to the Department of Public Works. 5. Building Codes and Ordinances. All project construction B Through Zoning shall conform to all building codes and ordinances in effect at Completion Ordin- the time of building permit. ance 6. Compliance. Applicant/Developer shall comply with the City PL Issuance of PL of Dublin Zoning Ordinance, City Council Resolution 82-85, Building the Heritage Tree Protection Plan for this project, as Permits and referenced in letter from Michael Santos on Hortscience dated On-going received February 17, 2004, and these Conditions of Approval. 7. Solid Waste/Recycling. Applicant/Developer shall comply B On-going B with the City's solid waste management and recycling requirements. 8. Water Quality/Best Management Practices. Pursuant to PW,PL Issuance of RWQCB the Alameda Countywide National Pollution Discharges Grading Elimination Permit (NPDES) No. CAS0029831 with the Permit 4 NO. CONDITION TEXT RESPON. AGENCYI DEPART. California Regional Water Quality Control Board (RWQCB), the Applicant/Developer shall design and operate the site in a manner consistent with the Start at the Source publication, and according to Best Management Practices to minimize storm water pollution. 9. Hold Harmless/Indemnification. Applicant/Developer shall PW, PL 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 Commission, City Council, Director of Community Development, Planning Manager, or any other department, committee, or agency of the City the Site Development Review to the extent such actions are brought within the time period required by 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 proceedinQ:s. DRAINAGE/GRADING 10. Grading /Sitework Permit: The applicant shall submit a Final PW Grading Plan to obtain a Grading! Sitework Permit from the Public Works Department for site grading and improvements. All site improvement work and public right-of-way work must be performed per a Grading!Sitework Permit issued by the Public Works Department. Said permit will be based on the final set of improvement plans to be approved once all of the plan check comments have been resolved. Please refer to the handout titled Grading / Site Improvement Permit Application Instructions and attached application (three 8-1/2" x 11 " pages) for more information. The Applicant/Developer must fill in and return the applicant information contained on pages 2 and 3. The current cost of the permit is $10.00 and due at the time of permit issuance, although the Applicant/Developer will be resDonsible for anv adopted increases to the fee amount. 11. Encroachment Permit. The applicant shall obtain an PW Encroachment Permit from the Public Works Department for any work within the public street rights of way. 12. Building Permit for Retaining Walls. The applicant shall B obtain a separate Building Permit from the Building Department for all retaining walls over 24 inches with a surcharge or 36 inches without a surcharge (which may be the total height of the stepped walls depending on the horizontal spacing). Retaining walls within a walkway and over 30 inches in height shall provide guardrails. 13. Dublin San Ramon Service District (DSRSD) Permit. The DSRSD applicant shall obtain a construction permit from the DSRSD for all water and sanitary sewer improvements. 5 WHEN REQUIRED Prior to: SOURCE On-going Þrior to Grading PW Þermit Prior to any PW construction within the street rights of way Prior to start B of construction of any retaining walls. Prior to DSRSD construction of sanitary NO. CONDITION TEXT RESPON. WHEN SOURCE AGENCY! REQUIRED DEPART. Prior to: sewer and water imDrovements. 14. Permission to grade on adjacent lots. The applicant shall PW Prior to PW obtain written permission from the property owner(s) for any grading or grading or work to be performed on either of the adjacent construction properties. on the adjacent Droperties. 15. Geotechnical Report. All grading, retaining walls and PW Prior to PW foundation work shall be performed in accordance with the Grading / recommendations contained in the Geotechnical Report by Sitework Engeo titled Foundation Exploration, Bordeaux Estates, Lot 1 Permit Rolling Hills Drive and Lots 7 through 11 Brittany Lane, Dublin, California dated April 6, 2000 and site specific recommendations contained in the letter from Engeo dated March 30, 2004. The responsible Geotechnical Engineer shall sign a statement on the Grading, Drainage and Improvement Plan that all proposed grading, drainage and retaining walls conforms to the recommendations contained in the Geotechnical Report. 16. Grading and Drainage Design. The Final Grading and PW Prior to PW Drainage Plan shall be designed to conform with the Grading / Preliminary Grading Plan submitted for P A 04-005, in the Sitework Project Plans, Exhibit A, and shall be prepared to meet the Permit following requirements: a. No surface drainage shall cross the side property lines; b. All retaining walls on the property line shall be concrete or masonry; c. Grading in all areas shall be designed so that there is an emergency surface release of drainage should the underground drainage system fail; d. All drainage from the developed area of the lot shall be collected and conveyed to a drainage dissipater in the rear of the lot or to a thru-the-curb drain on the street frontage; e. Concentrated storm flows from the pipes that will drain the driveway and from rain water leaders that will drain the roof and site improvements shall not discharge at or near the top-of-slope. Instead, concentrated flows shall be collected in a pipe network that discharges through an energy dissipater as near as possible to the down slope property line. Appropriate details shall be added to the plans to address this issue. 17. Grading, Drainage and Improvement Plan. The applicant PW Prior to Grading PW shall prepare a Final Grading, Drainage and Improvement Plan / Sitework for review and approval of the Public Works Director. The Plan Permit shall include as a minimum the following information: a. Existing topography including ground contours at one- foot intervals extending a minimum 10 feet beyond the property limits, and the location of the existing tree trunks and drip lines (note the drip lines to be accurately shown per the locations on the Topographic Survev); 6 NO. CONDITION TEXT RESPON. WHEN SOURCE AGENCY! REQUIRED DEPART. Prior to: b. The location of existing improvements including fences and street frontage improvements; c. Location and elevation of existing and any proposed changes to the water, sanitary sewer, gas, electric and CATV services to the lot; d. The location of all proposed improvements including the house footprint, decks, patios, retaining walls, pathways and driveways; e. Proposed grading including: 1. Limits of cut and fill area including the "daylight" line where the proposed grading conforms to the existing ground; 11. Finish floor elevations; 111. Sufficient finish surface elevations on all pavements to show slope and drainage; IV. Top, toe and slope of all banks; v. Top, bottom and height of all retaining walls; VI. Quantities of cut and fill; f. Proposed drainage improvements including: 1. Location and type of all inlets; 11. Elevations of grate and pipe inverts at all storm drain structures; . .. Storm drain pipes size, slope and material; 111. IV. Location and detail for the outlet dissipater; v. Direction of surface flow; g. Construction notes, sections and details as required; h. Location and elevation for the benchmark to be used for construction; and, 1. Signature blocks for the Public Works Director, Geotechnical Engineer and the DSRSD. 18. Erosion Control. The applicant shall prepare an Erosion PW Prior to Grading IPW Control Plan for review and approval of the Public Works / Sitework Director. The contractor is responsible for all measures Permit necessary to prevent erosion of the site. As a minimum the erosion and sedimentation control measures shown on the Erosion Control Plan shall be in place from October 1 st to April 15th or beyond these dates if dictated by rainy weather, or otherwise directed by the City Engineer/ Public Works Director . 19. DSRSD Signature. The Grading, Drainage and Improvement PW Prior to Grading IPW Plan shall be signed by DSRSD approving the sanitary sewer / Sitework and water facilities. DSRSD will require all fees and Permit or agreements to be completed prior to siQ:ninQ:. Building Permit 20. Driveways. The driveways approaches shall be constructed PW Prior to Grading IPW in accordance with City Standard Detail SD-306. / Sitework Permit or Building Permit 21. Driveways exceeding 12%. If the slope exceeds 12% the PW Prior to PW driveway profile shall be constructed in accordance to City Grading / Standard Detail CD-305. Any portion of the driveway over Sitework 20% shall have special surface treatment to increase traction. Permit UTILITIES 22. Utilities. The applicant shall secure all utilitv services to the PW I Prior to IPW 7 NO. CONDITION TEXT RESPON. WHEN SOURCE AGENCY! REQUIRED DEPART. Prior to: site, including but not limited to electricity, telephone, cable Building Permit television, water, sewer and other required utility services in accordance with the requirements and specifications of the utility company. The Dublin San Ramon Services District (DSRSD) may require the water and sewer service to be fitted with a backflow prevention device. In addition, the existing water service pipe in Brittany Lane may not be large enough to accommodate the required flow rates for this home because of the need for fire sprinklers, and therefore may need to be upsized. The applicant shall comply with all applicable regulations of the DSRSD. The applicant shall obtain encroachment permit from the City prior to any work within the City right-of-way. CONSTRUCTION 23. Hours of Construction. Standard construction and grading PW During ÞW hours shall be limited to weekdays (Monday through Friday) construction and non-City holidays between the hours of 7:30 a.m. and 6:00 p.m. The Applicant/Developer may request reasonable modifications to such determined days and hours, taking into account the seasons, impacts on neighboring properties, and other appropriate factors, by submitting a request form to the City Engineer/Public Works Director. For work on Saturdays or Sundays, said request shall be submitted no later than 5:00 p.m. the prior Wednesday. Overtime inspection rates will apply for all after-hours, Saturday, and/or holiday work. 24. Dust Control. The contractor is responsible for preventing dust PW During IPW problems from the site by watering graded areas or other construction palliative measures as conditions warrant or as directed by the Public Works Director. 25. Parking. Construction and workers vehicles shall not park on PW During IPW the north side of Brittany Lane. Double parking will not be construction allowed. 26. Noise Control. Construction shall be conducted in a manner to PW During PW minimize the impacts on the existing community which shall construction include as a minimum the following; a. All construction equipment shall be fitted with noise muffling devices, b. Construction equipment shall not be left idling while not in use, and, c. Radios and loudspeakers shall not be used outside of the building. 27. Trash and Debris Control. Measures shall be taken to contain PW During PW all construction related trash, debris, and materials on site until construction disposal off-site. The contractor shall keep the adjoining public streets and properties free and clean of project dirt, trash and construction materials. 28. Construction Fence. The applicant shall install a temporary PW During IPW fencelbarrier across the rear yard five (5) feet beyond the construction dripline(s) of the Heritage Oak Tree(s) to demarcate the limits of grading. The fencelbarrier shall be placed in such a manner 8 NO. CONDITION TEXT RESPON. WHEN SOURCE AGENCY! REQUIRED DEPART. Prior to: to restrict construction activities, material storage, trash, and debris from going down slope of the construction area. This barrier is in addition to the Tree Protection fencing specified below in Condition 29. 29. Construction Noise Management Program/Construction PW Prior to DW Impact Reduction Plan. Applicant/Developer shall conform to acceptance of the following Construction Noise Management improvements Program/Construction Impact Reduction Plan to reduce by City construction impacts: Council a. 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. Construction equipment shall use recycled or other non-potable water resources where feasible; b. Construction equipment shall not be left idling while not in use; c. Construction equipment shall be fitted with noise muffling devices; d. Mud and dust carried onto street surfaces by construction vehicles shall be cleaned-up on a daily basis; e. Excavation haul trucks shall use tarpaulins or other effective covers; f. Upon completion of construction, measures shall be taken to reduce wind erosion. Replanting and repaving should be completed as soon as possible; g. After grading is completed, fugitive dust on exposed soil surfaces shall be controlled using the following methods: i. Inactive portions of the construction site shall be seeded and watered until grass growth is evident. ii. All portions of the site shall be sufficiently watered to prevent dust; and, h. The Department of Public Works shall handle all dust complaints. The City Engineer/Public Works Director 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 EnQ:ineer/Public Works Director. 30. Damaged Improvements. The applicant shall repair to the PW Prior to rW satisfaction of the Public Works Director all damaged street occupancy curb, gutter, sidewalk and pavement on the lot frontage. 31. Location of Existing Subdrain. An existing sub drain is shown PW Prior to pier- PW on the Preliminary Grading Plan by RMR Design Group (dated hole drilling April 2002) as being located beneath Lots 8 through 11. The operations subdrain shall be accurately surveyed prior to pier-hole drilling 9 NO. CONDITION TEXT RESPON. WHEN SOURCE AGENCY! REQUIRED DEPART. Prior to: operations. In addition, the subdrain location should be considered in the pier-hole lavout. 32. DSRSD Fees. All utility connection fees including DSRSD and DSRSD Prior to DSRSD Zone 7, plan checking fees, inspection fees, connection fees, issuance of and fees associated with a wastewater discharge permit shall be any Building paid to DSRSD in accordance with the rates and schedules or established in the DSRSD Code. Construction Permit by DSRSD 33. Traffic Impact Fees: The applicant shall pay applicable traffic PW Prior to PW impact fees as required by the City. issuance of building Dermit FIRE AND EMERGENCY SERVICES 34. Automatic Fire Sprinkler System. Automatic Fire Sprinkler BLDG Prior to p Systems shall be required in all buildings that are adjacent to issuance of Open Space or Undeveloped Land. The installation of the building permit Automatic Fire Sprinkler System shall be in accordance with and Ongoing aDDroved City standards. 35. Wildfire Management Plan and the Heritage Tree F,B Prior to p Ordinance. The Applicant shall comply with the Wildfire issuance of Management Plan and the Heritage Tree Ordinance as follows: Building Permits and a. The building shall be equipped with an automatic Ongoing sprinkler system and the sprinkler system shall be monitored by a UL certified central station company; b. The roof covering shall be Class A rated. For roof coverings where the profile allows a space between the covering and decking, the space at the eave ends shall be fire stopped precluding entry of embers or flames. Roof decking shall be shall be solid; space sheathing shall be prohibited; c. The underside of the eaves shall be one-hour rated. Fascias shall be constructed as to be protected on the backside by materials approved for one-hour fire resistive construction or 2-inch nominal dimension lumber; d. The exterior wall on the side facing the open space and the two adjacent sides shall be one hour rated (3 walls); e. The exterior doors shall be non-combustible or solid core 1 % inch thick; f. Attic vents or other vent openings shall not exceed 144 sq. in. and covered with non-combustible corrosion resistant mesh with openings not to exceed 1.4 inch. Attic ventilation openings shall not be located in soffits, eave overhangs, between rafters at eaves, or in other overhang areas. Under floor ventilation openings shall be located as close to grade as practical; g. The windows shall be dual pane tempered on the side facing the open space and the two adjacent sides. 10 NO. CONDITION TEXT RESPON. WHEN SOURCE AGENCY! REQUIRED DEPART. Prior to: h. Clearly show heritage trees on the site plan. Show the drip lines of the trees on the plan; 1. The structural members in the under floor areas shall be one hour rated. Metal structural members shall be used in place of wood in construction of all under floor areas that are enclosed to the ground with exterior walls as required in the Wildfire Management Plan; J. Comply with the vegetation guidelines. This requires that a five (5) foot area of non-combustible materials, flowers, plants, gravel or soil be maintained around the house. k. Gutters and downspouts shall be constructed of noncombustible material; I. Unenclosed accessory structures attached to the building with habitable space and projections, such as decks, shall be of one-hour fire resistive construction, heavy timber, or constructed of noncombustible material. When the attached structure is located and constructed so that the structure or any portion thereof projects over a descending slope surface, the area below the structure shall have all under floor area enclosed to within 6 inches of the ground with exterior walls; m. All accessory structures shall be constructed pursuant to requirements of the Wildfire Management Plan; n. Fences shall constructed of combustible materials shall be separated from the perimeter of the buildings containing habitable space by connecting to the building with a masonry pilaster. 36. Applicable regulations and requirements. The F Prior to F Applicant/Property Owner shall comply with all applicable issuance of regulations and requirements of the Alameda County Fire Building Permits and Department (ACFD), City of Dublin Standards, including Ongoing minimum standards for vegetation management and emergency access roads and payment of all appropriate fees, including City of Dublin Fire facility fees. 37. Smoke Detectors. Residential smoke detectors shall be installed F Prior to F as required by California Building Code section 310.9. issuance of Building Permits 38. Fire safety during construction. The following is applicable F Prior to ~ during the construction phase: delivery of a. The combustibles on the site shall be removed any prior to start of construction; combustible material b. Article 87 of the Fire code shall be followed concerning fire safety during the construction, demolition or repair, and the following requirements shall be provided to the project 11 NO. CONDITION TEXT RESPON. WHEN SOURCE AGENCY! REQUIRED DEPART. Prior to: manager and job contractor who shall notify all employees and sub-contractors of the requirements; c. Access roads shall be installed prior to building!site construction occurring; d. Water supply shall be installed and in-service prior to building!site construction occurring; e. Access roads, turnarounds, pullouts, and fire operation areas and fire water supplies shall be maintained clear and free of obstructions, including parking. These areas are required fire lanes and shall be passable fire equipment at all times; f. A means to contact emergency services and a minimum of one 4A 20BC fire extinguisher shall be provided at the job site; g. Hot work activities such as welding, cutting, torches, and flame producing operations shall be in accordance with the Fire code; and, h. All construction equipment / machinery / devices with internal combustion engines shall be equipped with approved spark arrestors while operating in this project area. 39. Numbers or Addresses. Approved numbers or addresses shall F Prior to IP be placed on all new buildings. The address shall be positioned Occupancy as to be lighted, plainly visible and legible from the street or road fronting the property. Said numbers shall contrast with their background (CFC, 1998, Section 901.4.4) 40. Uniform Building and Fire Codes. The project shall comply F Prior to II-' with Uniform Building and Fire Codes as adopted by the City of Completion Dublin. All project construction shall conform to all fire codes and ordinances in effect at the time of building Dermits. 41. Sprinkler System. Provide a note on the drawing showing that F Prior to IF the building is provided with a sprinkler system as follows: issuance of a. The sprinkler system shall be designed and installed in Building compliance with N.F.P.A. 13D. Permits b. Contact the Fire Department at least 48 hours in advance for required underground inspections and hydrostatic test of all system components. c. The sprinkler system shall be monitored by a central station monitoring as defined in N.F.P.A. Standard No. n. (Required by the Heritage Tree Ordinance). d. Submit detailed shop drawings of all sprinkler modifications to the Fire Department for approval and permit prior to installation. POLICE SECURITY 42. Residential Security Requirements. The development shall B,PO Prior to IB, PO 12 NO. CONDITION TEXT RESPON. WHEN SOURCE AGENCY! REQUIRED DEPART. Prior to: comply with the City of Dublin Residential Security Occupancy Requirements. Security hardware must be provided for all doors, windows, roof, vents, and skylights and any other areas per Dublin Police Services recommendations and requirements. At the beginning of the construction, an address sign of adequate size and color shall be posted on site. Additionally, during construction security measures shall be taken to secure equipment and materials, including barricades, locking boxes, and contact information. 43. Lighting. Lighting shall be installed over all exterior doors in B,PO Prior to B,PO conformance with the Residential Security Requirements. Occupancy of first residence 44. Graffiti and Vandalism. The Applicant/Developer shall keep B,PO Prior to B,PO the site clear of graffiti and other vandalism on a regular and Occupancy of continuous basis at all times. first residence 45. During Construction. During construction, the ß,PO 8ngoing B,PO Applicant/Developer shall: a. Provide the Police Services Department with a 24-hour contact number for use by emergency responders; and, b. Post the site with signs stating "NO TRESPASSING." The signs shall also include regular hours of construction. PARKS 46. Public Facilities Fee. Applicant/Developer shall pay a Public PCS As indicated in PCS Facilities Fee in the amounts and at the times set forth in City of Condition of Dublin Resolution No. 195-99, or in the amounts and at the Approval times set forth in any resolution revising the amount of the Public Facilities Fee. ARCHITECTURE 47. Exterior lighting. Exterior lighting shall be of a design and PL Ongoing PL placement so as not to cause glare onto adjoining properties. Lighting used after daylight hours shall be minimized to provide for security needs only. 48. Fencing and Retaining Walls. The design, location and PL Prior to PL materials of all fencing and retaining walls shall be subject to approval of review and approval by the Community Development Director. Final Landscaping and Irrigation Plans. 49. Increase in height of residences prohibited. Any increase in PL Ongoing PL height of the residence proposed with this project beyond that approved by the City with this application is prohibited. 50. Colors and Materials. Building colors and materials shall PL Ongoing PL generally conform to colored elevations and materials sheet dated received February 17, 2004. LANDSCAPING 51. Final Landscaping and Irrigation Plan. Applicant/Developer PL Prior to Z.O. shall submit a Final Landscaping and Irrigation Plan, building permit conforming to the requirements of Section 8.72.030 of the Zoning Ordinance (unless otherwise required by this Resolution) and the various Heritage Tree protection requirements, stamped and approved by the Director of Public Works and the Director of Community Development. The plan 13 NO. CONDITION TEXT RESPON. WHEN SOURCE AGENCY! REQUIRED DEPART. Prior to: should generally conform to the landscaping plan shown on the Site DeveloDment Review Dlans. 52. Wildfire Management Plan. The Final Landscaping and F Prior to ¡::;' Irrigation Plan shall be in accordance with the City of Dublin building permit Wildfire Management Plan. 53. Landscape Installation. Prior to final occupancy approval, all PL,B Prior to PL required landscapinQ: and irriQ:ation, shall be ínstalled. occuDancy 54. Drought-tolerant and/or native species. The landscape design PL Prior to l.O. and construction shall emphasize drought-tolerant and/or native occupancy species wherever possible. DSRSD 55. Conformance to DSRSD Requirements. Prior to issuance of DSRSD Prior to DSRSD any building permit, complete improvement plans shall be issuance of submitted to DSRSD that conform to the requirements of the Building Dublin San Ramon Services District Code, the DSRSD Permits "Standard Procedures, Specifications and Drawings for Design and Installation of Water and Wastewater Facilities", all applicable DSRSD Master Plans and all DSRSD policies. Prior to the issuance of a building permit, all utility connection fees, plan check fees, inspection fees, permit fees and fees associated with a wastewater discharge permit shall be paid to DSRSD in accordance with the rates and schedules established in the DSRSD Code. 56, Gravity Flow. Sewers shall be designed to operate by gravity DSRSD Ongoing DSRSD flow to DSRSD's existing sanitary sewer system. Pumping of sewerage is discouraged and may only be allowed under extreme circumstances following a case by case review with DSRSD staff. Any pumping station will require specific review and approval by DSRSD of preliminary design reports, design criteria, and final plans and specifications. The DSRSD reserves the right to require payment of present worth 20 year maintenance costs as well as other conditions within a separate agreement with the applicant for any project that requires a pumping station. 57. Connection Fees. Prior to issuance by the City of any Building DSRSD Ongoing DSRSD Permit or Construction Permit by the Dublin San Ramon Services District, whichever comes first, all utility connection fees including DSRSD and Zone 7, plan checking fees, inspection fees, connection fees, and fees associated with a wastewater discharge permit shall be paid to DSRSD in accordance with the rates and schedules established in the DSRSD Code. 58. Signed by the District Engineer. Prior to the issuance of a DSRSD Prior to DSRSD building permit, all improvement plans for DSRSD facilities issuance of shall be signed by the District Engineer. Each drawing of Building improvement plans shall contain a signature block for the Permits District Engineer indicating approval of the sanitary sewer or water facilities shown. Prior to approval by the District Engineer, the Applicant shall pay all required DSRSD fees, and provide an engineer's estimate of construction costs for the sewer and water systems, a performance bond, a one-year maintenance bond, and a comprehensive general liability insurance policy in the amounts and forms that are acceptable to 14 NO. CONDITION TEXT RESPON. WHEN SOURCE AGENCY! REQUIRED DEPART. Prior to: DSRSD. The Applicant shall allow at least 15 working days for final improvement drawing review by DSRSD before signature by the District Engineer. 59. Sewer and Water. No sewer line or water line construction DSRSD Ongoing DSRSD shall be permitted unless the proper utility construction permit has been issued by DSRSD. A construction permit will only be issued after all of the items in the condition immediately before this one have been satisfied. 60. Hold Harmless and Indemnify. The Applicant/Property Owner DSRSD Ongoing DSRSD shall hold DSRSD, its Board of Directors, commissions, employees, and agents of DSRSD harmless and indemnify and defend the same from any litigation, claims, or fines resulting from completion of the Droiect. 61. Construction Permit. The Applicant/Property Owner shall DSRSD Prior to DSRSD obtain a limited construction permit from the DSRSD prior to commencemen commencement of any work. of anv work 62. Construction by Applicant/Developer. All onsite potable and DSRSD Completion of DSRSD recycled water and wastewater pipelines and facilities shall be Improvements constructed by the Applicant/Developer in accordance with all DSRSD master plans, standards, specifications and reauirements. 63. DSRSD Water Facilities. Water facilities must be connected to DSRSD Completion of DSRSD the DSRSD or other approved water system, and must be Improvements installed at the expense of Applicant/Developer in accordance with District Standards and Specifications. All material and workmanship for water mains and appurtenances thereto must conform with all of the requirements of the officially adopted Water Code of the District and shall be subject to field inspection by the District. 64. The applicant shall coordinate with the District and Alameda DSRSD Approval of DSRSD County Fire Department on required fire flows. Improvement Plans BillLDING AND SAFETY 65. Building Permits. To apply for building permits, the Applicant B, PL, PW Prior to B, PL, PW shall submit eight (8) sets of full construction plans for plan issuance of check. Each set of plans shall have attached an annotated building copy of these Conditions of Approval. The notations shall permits clearly indicate how all Conditions of Approval will be complied with. Construction plans will not be accepted without the annotated conditions attached to each set of plans. The Applicant/Developer will be responsible for compliance with all Conditions of Approval specified and obtaining the approvals of all participating non-City agencies prior to the issuance of building or grading permits. 66. Construction plans. Construction plans shall be fully B, PL, PW Prior to B, PL, PW dimensioned (including building elevations) accurately drawn issuance of (depicting all existing and proposed conditions on site), and building prepared and signed by a California licensed Architect or permits Engineer. The site plan, landscape plan and details shall be consistent with each other. 67. Postal authorities. The developer shall confer with the local PL Prior to PL, postal authorities to determine the type of mail receptacles issuance of PD necessarv and Drovide a letter statinQ: their satisfaction with the Building 85-035 15 NO. CONDITION TEXT RESPON. WHEN SOURCE AGENCY! REQUIRED DEPART. Prior to: type of mail service to be provided. Specific locations for such Permit units shall be to the satisfaction of the Postal Service. 68. Air Conditioning Units. Air conditioning units and ventilation B,PL Prior to B,PL ducts shall be screened from public view with materials Occupancy of compatible to the main building and shall not be roof-mounted. Unit Units shall be permanently installed on concrete pads or other non-movable materials to be approved by the Building Official and the Director of Community Development. Air conditioning units shall be located such that each dwelling unit has one side yard with an unobstructed width of not less than 36 inches. Air conditioning units shall be located in accordance with the PD text. 69. Engineer Observation. The Engineer of record shall be retained B,PL Prior to Final B,PL to provide observation services for all components of the lateral Frame and vertical design of the building, including nailing, holdowns, Inspection and straps, shear, roof diaphragm and structural frame of building. Ongoing Engineer shall certify elevations above grade of floors and roof framing. A written report shall be submitted to the City Inspector prior to schedulinQ: the final frame inspection. HERIT AGE TREES 70. Heritage Tree Protection Plan. The Applicant/Developer PL Ongoing PD shall comply with the requirements of the Heritage Tree 85-035, Protection Plan prepared by Hortscience for the Black Heritage Mountain subdivision and updated for the project, P A 04-005, Tree at 11183 Brittany Lane in the letter prepared by Hortscience Ordin- dated received February 17, 2004, on file in the Department of ance Communitv DeveloDment. 71. Heritage Tree Protection Zone. The Heritage Tree Protection PL Prior to PD Zone shall completely surround those trees to the satisfaction issuance of 85-035, of the City's arborist. Subject to the provisions of Condition Grading Permit Heritage 96 below, a fence shall completely surround and define the and Through free Heritage Tree Protection zone to the satisfaction of the City's Construction Jrdinance arborist prior to grubbing, grading and construction. Fences shall be 6 feet tall chain link or equivalent as approved by the consulting arborist. Fences are to remain until all grading and construction is completed. 72. No underground services. No underground services PL Ongoing PD including utilities, sub-drains, water or sewer lines shall be 85-035, placed in the Heritage Tree Protection Zone. Heritage free Jrdinance 73. Tree Preservation Notes. Tree Preservation Notes, prepared PL Prior to PD by the consulting arborist, shall be included on all construction issuance of S5-035, plans. Building Heritage Permit iT ree þrdinance 74. Irrigation systems. Irrigation systems must be designed so PL Prior to PD that no trenching will occur within the Heritage Tree issuance of 85-035, Protection Zone. Building Heritage Permit Tree Ordinance 75. Damage by Other Improvements. No landscape PL Ongoing PD improvements such as lighting, pavement, drainage or planting 85-035, 16 NO. CONDITION TEXT RESPON. WHEN SOURCE AGENCY! REQUIRED DEPART. Prior to: may occur which may negatively affect the health or structural Heritage stability of the trees. rree Ordinance 76. Expansive Soils. Foundations, footings and pavement on PL Prior to PL expansive soils near the Heritage Trees should be designed to issuance of withstand differential displacement due to expansion and Building shrinking of the soil. Permit 77. Pruning. All pruning, including after completion of PL On-going PD construction, shall be completed by a Certified Arborist and 85-035, Tree Worker in the presence of City designated personnel and Heritage be in conformance with the guidelines of the International Tree Society of Arboriculture, Tree Pruning Guidelines, current Ordinance edition, on file in the Community Development Department. In addition, pruning shall be in conformity with the provisions of the Pruning Specifications of the Heritage Tree Protection Plan for this project. Pruning shall not be allowed for the purposes of modifying the driD line of any Heritage Tree. 78. Pre-Grading/Pre-Construction Meeting. Prior to work, the PL Prior to PL contractor must meet with the Applicant's and the City's issuance of consulting arborist at the site to review all work procedures, Building access routes, storaQ:e areas and tree Dfotection measures. Permit 79. No Dumping or Storage. No excess soil, chemicals, debris, PL Prior to PD equipment or other materials shall be dumped or stored within issuance of 85-035, the Tree Protection Zone. Spoil from trench, footing, utility or Grading Permit Heritage other excavation shall not be placed within Heritage Tree free Protection Zone. Ordinance 80. Damage during Construction. If damage should occur to PL Ongoing PD any tree during construction it shall be immediately reported to ~5-035, the Director of Community Development so that proper Heritage treatment may be administered. The Director will refer to a free City selected Arborist to determine the appropriate method of Ordinance repair of any damage. The cost of any treatment or repair shall be borne by the developer/applicant responsible for the development of the project. Failure to do so may result in the issuance of a stOD work order. 81. Aerial Inspection. While in the tree, the arborist shall perform PL Ongoing PL an aerial inspection to identify defects that require treatment. Any additional work needed shall be reported to the Project Arborist. 82. Climbing of Trees. Trees shall not be climbed with spurs. PL Ongoing IPD Thinning cuts are to be employed rather than heading cuts. ~5-035, Trees shall not be topped or headed back. ~eritage Œ'ree Ord. 83. Parking of Equipment. Vehicles and heavy equipment shall PL Ongoing PD not be parked beneath the trees. If access by equipment is 85-035, required to accomplish the specified pruning, the soil surface Heritage shall be protected with 6 inches to 8 inches of wood chips Tree before placing equiDment or vehicles. Ordinance 84. Servicing and Fueling of Vehicles. Equipment shall be PL Ongoing PL serviced and fueled outside the tree canopy to avoid accidental spills in the root area. 85. Observation by Certified Arborist. A certified arborist shall PL Ongoing PD be present on the Droiect site during grading or other 85-035, 17 NO. CONDITION TEXT RESPON. WHEN SOURCE AGENCY! REQUIRED DEPART. Prior to: construction activity that may impact the health of the Heritage Heritage Trees in this project. Tree Ord. 86. Guide to Maintenance for Native Oaks. The applicant's PL Prior to PD arborist shall prepare a Guide to Maintenance for Native Oaks occupancy 85-035, that describes the care needed to maintain tree health and Heritage structural stability including pruning, fertilization, mulching Tree and pest management as may be required. In addition, the Ordinance Guide shall address monitoring both tree health and structural stability of trees. As trees age, the likelihood of failure of branches or entire trees increases. Therefore, annual inspection for hazard potential should be addressed in the Guide. A copy of this Guide shall be provided to the homeowner. 87. Bond or Security Deposit. The applicant/developer shall PL Prior to PD guarantee the protection of the Heritage Trees on the project issuance of 85-035, site through placement of a cash bond or other security deposit Building Heritage in the amount equal to the valuation of the trees as determined Permit and Tree by the Director of Community Development. The cash bond Ongoing for Ordinance or other security shall be retained for a reasonable period of up to one- time following the occupancy of the residence, not to exceed year beyond one year. The cash bond or security is to be released upon occupancy satisfaction of the Director of Community Development that the Heritage Trees have not been damaged or endangered by construction activities. The cash bond or security deposit shall be forfeited toward payment of the civil penalty for damages, pursuant to Section 5.60.120 for any removal or destruction of a Heritage Tree. 88. Public Utilities in Vicinity of Heritage Tree. Any public PL Ongoing PL utility installing or maintaining any overhead wires or underground pipes or conduits in the vicinity of a Heritage Tree in this project shall obtain permission from the Director of Community Development before performing any work which may cause iniury to the Heritage Tree. 89. No Heritage Tree on the project site shall be removed. No PL Ongoing Heritage Heritage Tree on the project site shall be removed unless its rrree condition presents an immediate hazard to life or property. þrdinance Such Heritage Tree shall be removed only with the approval of the Director of Community Development, City Engineer, Police Chief, Fire Chief or their designee. 90. All Oak trees are Heritage Trees. All Oak trees on the PL Ongoing Heritage project site addressed by the Heritage Tree Protection Plan are Tree designated as Heritage Trees by this Site Development Review Ordinance and shall be protected by the provisions of the Heritage Tree Ordinance Dursuant to Section 5.60.40.2. 91. Heritage Tree Ordinance. All work shall comply with City of PW,PL Ongoing DMC Dublin Heritage Tree Ordinance. 92. Disclosure Upon Future Sale. The Applicant/Developer shall PL On- going PL disclose upon any future sale of the property the following information and current regulations: the location of all Heritage Trees on the property; the provisions of the Heritage Tree Ordinance; and the provisions of the Guide to Maintenance for Native Oaks, reQuired above. 93. Arborist Review of Site Plan and Drainage. The project PL On-going PL 18 NO. CONDITION TEXT RESPON. WHEN SOURCE AGENCY! REQUIRED DEPART. Prior to: arborist shall review and approve the site plan and the arborist shall be present on site during installation of the drainage systems within the drip line of the Heritage Trees. 94. Drainage System Design. Drainage lines at the rear of the PL On-going ~eritage house marked 6" PVC on the site pan shall be redesigned or free relocated out of the drip line of the Heritage Trees. Staff brdinance recommends connecting the rear drain lines to the drainage inlet on the east property line. 95. Staking and Staking Plan. After the Tree Protection Zone has PL Prior to PL been established and the site has been cleared and graded, the issuance of dimensions of the home, projections and deck shall be staked. Building The stakes shall be reviewed and approved by the Community Permit and Development Director or his designee prior to issuance of on-gomg building permit. The Applicant/Developer shall request an inspection of the staking from the Community Development Director or his designee. The Applicant/Developer shall submit a staking plan and a letter prepared by a licensed surveyor, verifying that the stakes on the property accurately represent the staking plan to the Community Development Director or his designee for review and approval no fewer than three (3) days prior to the inspection. Staking shall include each corner of the dwelling to accurately define the footprint of the building with all projections, including decks. The staking shall also include foundation staking points in a contrasting color which shall remain in place while foundation work is under construction and shall be removed only after the foundation inspection has been approved and the foundation has been poured. An inspection from the Community Development Director or his designee is required prior to removal of the foundation stakes. 96. Encroachment of Drip Lines. No structure shall encroach to PL Prior to within 5 feet of the drip line of a Fire Resistive Heritage Tree. issuance of Bldg. Permit PASSED, APPROVED and ADOPTED this 22nd day of June, 2004. AYES: NOES: ABSENT: ABST AIN: Cm. Fasulkey, Nassar, Jennings, and Machtmes King ATTEST: Pl]t:agCr } I') ,/ ' i .. /~ /./ i' G:P A#/2004/04-005/fmalreso062204,doc 19