HomeMy WebLinkAbout6.1 Morrison Homes Adopt Rezone Ordinance AGENDA STATEMENT
MEETING DATE: April 22 , 1985
SUBJECT: PUBLIC HEARING
PA 84-084 Morrison Homes, Planned
Development Rezoning - Adoption of
Ordinance
EXHIBITS ATTACHED: Exhibit A - Draft Ordinance Amending
Zoning Ordinance
Background Attachment:
Resolution approving and establishing
findings and provisions for a Planned
Development Rezoning concerning PA 84-084
Morrison Homes Planned Development Rezoning
RECOMMENDATIO 1 - Open public hearing and hear Staff
_ presentation
2 - Take testimony from applicant and
the public
3 - Question Staff, applicant and the public
4 - Close public hearing and deliberate
5 - Waive second reading and adopt ordinance
FINANCIAL STATEMENT: None
DESCRIPTION: On April 8, 1985, the City Council
adopted a resolution approving the Morrison Homes Planned
Development Rezoning and introduced an Ordinance amending the
Zoning Ordinance.
The Planned Development Rezoning involves a 177-unit condominium
project northwest of Dublin Boulevard and San Ramon Road. During
the review of the application, the City Council found that the
project was not a large multi-family project as invisioned by the
Dublin General Plan. Accordingly, Condition #75 of the Planned
Development Rezoning was deleted. The City Council also deleted
Condition #72 regarding a pedestrian/bicycle bridge.
The next step for the applicant will be to submit a Site
Development Review (SDR) application.
Staff recommends that the City Council waive the second reading
and adopt the Ordinance (Exhibit A) .
ITEM NO. dd " � COPIES TO:!
Morrison Homes
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DUBLIN AMENDING ZONING
ORDINANCE TO PERMIT THE REZONING OF REAL
PROPERTY WITHIN THE CITY OF DUBLIN
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The City Council of the City of Dublin does ordain as follows :
SECTION 1. Chapter 2 of Title 8 of the Dublin Ordinance Code is
hereby amended in the following manner :
Thirteen ( 13 . 0 ) acres located northwest of the intersection of
Dublin Boulevard and San Ramon Road, designated Assessor Parcel
Numbers 941-40-15; 941-40-5-2 ; 941-40-8; and 94-113-118, are
hereby rezoned to the PD (Planned Development) District; and PA
84-084 ( . 1 and . 2 ) Morrison Homes, as shown on Exhibit A (PD
Rezoning Plans) , Exhibit B (Tentative Map Plans) , Exhibit C
(Mitigated Negative Declaration of Environmental Significance) ,
Exhibit D (Approval, Findings and General Provisions PD
Rezoning) , and Exhibit E (Approval, Findings and General
Provisions Tentative Map) , on file with the City of Dublin
Planning Department, are hereby adopted as regulations for the
use, improvement and maintenance of the property within this
District. The San Ramon Road Specific Plan shall also apply to
this property. A map of the area is as follows;
•ar'•',�^'°z =�� 1 1: J f �� •Fyn��or•s'
°1wstl, ° SUBJECT PROPERTY �`�-�' �•' `:a� .�~ c�,
from PD (PA 83-004)
�> ss to PD (PA 84-084)
DUBLIN\ �`°"W°' ""•
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SECTION 2 . This Ordinance shall take effect and be in force
thirty (30 ) days from after the date of its passage. Before the
. expiration of fifteen ( 15) days after its passage, it shall be
published once with the. names of the Council members voting for
and against the same .,in the Tri-Valley Herald, a newspaper
published in Alameda County and available in the City of Dublin.
PASSED AND ADOPTED by the City Council of the City of
Dublin on this 22nd day of April, 1985, by the following votes :
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
G 4 H
RESOLUTION NO. 25-85
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN
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APPROVING AND ESTABLISHING FINDINGS AND GENERAL PROVISIONS FOR A
PLANNED DEVELOPMENT REZONING WITH DEVELOPMENT PLANS FOR A
THIRTEEN ACRE SITE CONCERNING PA 84-084.1, MORRISON HOMES
PLANNED DEVELOPMENT REZONING
WHEREAS, Morrison Homes proposes to rezone 13 .0 acres
of land (APN 941-40-2-15, 941-40-5-2 ptn. , 941-40-8 and 941-
113-118) northwest of Dublin Blvd. and San Ramon Rd. from Planned
Development District (PD) as established under the Planned
Development Rezoning request by H & H Development Company (PA
83-004 ) to a modified Planned Development District (PD) , in order
to build a 177-unit residential condominium project; and,
WHEREAS, the City Council finds that the proposed
rezoning is consistent with the City' s general plan policies ;
and,
WHEREAS, there is little or no probability that the
rezoning will be a detriment to, or interfere with, the City ' s
general plan; and,
WHEREAS, the City Council has previously adopted a
Mitigated Negative Declaration of Environmental Significance
(Resolution No. 27-85) ; and
WHEREAS, the City Council finds that the proposed
rezoning will not have a significant environmental impact; and
WHEREAS, the proposed rezoning is appropriate for the
subject property in terms of being compatible to existing land
uses in the area, will be visually attractive, will not
overburden public services, and will provide housing of a type
and cost that is desired, yet not readily available in the City
of Dublin; and
WHEREAS, the rezoning will not have substantial adverse
effects on health or safety, or be substantially detrimental to
the public welfare, or be injurious to property or public
improvements; and
WHEREAS, the Planning Commission did hear and consider
the submittal information at their regularly scheduled meetings
on March 18, 1985, and April 1, 1985; and
WHEREAS, the Planning Commission adopted Resolution
No. 85-011 recommending approval of PA 84-084 .1 Morrison Homes;
and
WHEREAS, the City Council considered and reviewed th�
submittal information at their regularly scheduled meeting on
April 8, 1985 ; and
WHEREAS, property owners in the vicinity of the
subject property were notified of the subject proposal; and
. WHEREAS, the Staff Report was submitted recommending
that the Planned Development (PD) Rezoning be approved subject to
conditions prepared and reflected in the Planning Commission
Resolution No. 85-012 ; and
WHEREAS, the City Council did hear and consider all
said reports and recommendations as herein above set forth;
WHEREAS, the City Council finds that this project is
not a large multi-family project as contemplated by Section 3 . 8 . 3
of the Housing Element portion of Volume 2 : Supplement of the /
General Plan and by Section 6 . 4E of the General Plan Volume 1
Plan Policies .
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NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City
Council does hereby approve the Planned Development (PD) Rezoning
request for a 177-unit residential condominium project as
generally shown on the Plans labeled Exhibit "A" for PA 84-084 . 1
and subject to the following Conditions of Approval ;
Conditions of Approval PA 84-084 .1
Unless otherwise stipulated in the following conditions of
approval , development shall be subject to final review and
approval by the Planning Director prior to issue of grading or
building permits . Final plans must be submitted at minimum of 30
days prior to the issuance of building and/or grading permits.
1. This approval is for a 177-unit multiple family residential
project. Development shall be generally consistent with the
following submittals ;
A. Site Plan - Morrison Homes, prepared by the
Environmental Center, and dated February 5, 1985.
B. Preliminary Landscape Plan - Morrison Homes,
prepared by the Environmental Center, and dated
February 28, 1985 .
C. Floor Plans and elevations labeled Morrison Homes
- Dublin, prepared by Berkus-Group Architects, and
dated received by the Planning Department December 21,
1984 .
D. Project Description for Kildare, submitted with
the application for Planned Development Rezoning and
dated received by the Planning Department December 21,
1984 .
E. Material and color board, prepared by Berkus-Group
Architects, and dated December 17 , 1984 .
F. Floor plans and elevations for proposed recreation
building, dated received by the Planning Department
January 31, 1985 .
Collectively the foregoing submittals shall constitute
Exhibit "A" for PA 84-084 . 1.
2 . Site Development Review approval by Staff shall be acquired
prior approval of the Final Map and prior to issuance of
building permit or grading permits. The Site Development
Review shall implement these conditions of approval
concerning the physical development .of the project and the
related development criteria of the San Ramon Road Specific
Plan.
3 . All units shall contain standard and currently available
energy saving devices, and shall be insulated in accordance
with Title 24 , State of California Administrative Code.
Evidence shall be provided to the Building Official from
P.G. & E. that the units meet P.G.& E. ' s requirements of the
"Energy Conservation Home Program" , if it still exists at
the time the units are to be constructed.
4 . The project architect, or civil engineer, shall provide a
letter to the Planning Director or Building inspector
stating that water conservant toilets, shower heads,
faucets , and automatic dishwashers with low flow cycles have
been installed in the units .
5 . Except as may be specifically provided for within these
conditions of approval , the development shall comply with
the City of Dublin Residential Condominium Development
Guidelines .
6 . Except as may be specificaly provided for within these
conditions of approval , the development shall comply with
City of Dublin Site Development Review Standard Conditions .
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7 . Except as may be specifically provided for within these
conditions of approval, development shall comply with City
of Dublin Police Services Standard Residential Building
Security Requirements .
8 . The developer shall provide the City Planning Department a
status report as to the occupancy characteristics of the
development once each year for four years . The questionaire
utilized by the developer to provide occupancy
characteristics of the development to Planning Department
shall be subject to review and approval by the Planning
Director.
9 . A new 6-foot high architecturally designed fence shall be
installed along the westerly property line. The design of
the fence shall be subject to review as part of the Site
Development Review submittal . The developer shall make a
good faith effort to work with the Ponderosa Village
Homeowner ' s Association and the affected adjoining property
owners in reaching a consensus as to the design and location
of the new fence . In absence of said consensus being
reached, resolution of the details of the fence' s design and
location shall be subject to review and approval by the
Planning Director. In addition to the fence, an intensive
landscaped buffer, containing fast growing trees and shrubs, ,
shall be installed within a 20-foot minimum width area
immediately adjoining to the east side of the wall. Tree
planting within this area shall reflect a twelve foot "on-
center" planting layout. This landscaped area shall be
irrigated by an automatic irrigation system and shall be
maintained by the property owner.
10 . Light standards (freestanding, pedestrian and wall mounted)
utilized in this project shall be of a design which shield
the light sources from view from off-site. Light standards
used shall be subject to review and approval by the Planning
Director as regards design, location, number and intensity.
11. The project shall be constructed as approved. Minor
modifications in the design, but not the use, may be
approved by Staff . Any other change will require Planning
Commission approval.
12 . Handicapped ramps and access as required by Title 24, State
of California, shall be provided. Handicapped parking
stalls, appropriately signed, shall be provided evenly
throughout the project.
13 . Covenants, Conditions and Restrictions (C.C.& R. 's) shall be
established for this development. The C.C.& R. 's shall be
approved by the Planning Director prior to filing of the
Final Map.
The C.C. & R. ' s shall be reviewed and approved by the City to
assure that: 1
a. There is adequate provision for at least the
maintenance in good repair of all commonly owned
facilities, property and landscaping including but not
limited to; open space, common parking and driveway
areas , lighting, recreation facilities, landscape and
irrigation facilities , fencing, exterior of all
buildings , and drainage and erosion control
improvements .
b. Payment of dues and assessments shall be both a lien
against the assessed land and a personal obligation of
each property owner. An estimate of these costs shall
be provided to each buyer prior to the time of
purchase.
c . The Association shall keep the City Planning 'artment
informed of the current name, address, and phone y�umber
of the Association ' s official representative .
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d. Payment of the water and street lighting bills
(maintenance and energy) and maintenance and repair of
storm drain lines are the obligations of the
Homeowners ' Association, unless paid for through a
Lighting and Landscape Maintenance Assessment, District.
e . Each buyer is to sign an acknowledgement that he has
read the Constitution and Bylaws of the Homeowners '
Association and the Conditions, Covenants, and
Restrictions applying to the development.
f. The Homeowners ' Association shall contract with, 'or be
advised (as to how to handle maintenance operations) by
a professional management firm.
g. No recreational vehicle or boat may be stored or parked
for a period longer then twenty-four (24 ) hours within
this development.
h. Upon sufficient notice to the homeowners, the serving
utilities are authorized to enter any portions of the
units whenever restoration of gas, electric, and
telephone service is required; that the utilities shall
have the right to install, move, remove, or run new
lines in or on any portions of the common area,
including the interior and exterior of the units
(except where undergrounding is required by the
Subdivision Ordinance) as is necessary to maintain
telephone service within the development and that this
provision may not be amended or terminated without the
consent of the utilities .
i . The C.C. & R. ' s shall prohibit the use of guest parking
areas by project residents .
j . The C.C. & R. ' s shall include the obligations of the
property owner to be responsible for public liability
in case of injury in connection with public utility
easements, and for maintenance of the private vehicle
access ways and utility trenches in public utility
easements . They shall further be void of any mention
of future dedication of the access way to the City as a
public street.
k. Restrict the recoloring, refinishing, or alteration of
any part of the exterior or any building until the
Owner or Declarant first obtains approval from the
related City of Dublin Departments.
14 . After the . project has been completed, and subject to
observing any . minimum and maximum dimensions specified in
the approved plan: .
a. In the �ommon areas, plAnt materials, arbors, fences,
paving materials, and similar landscape features may be
added or replaced, in kind.
b. Any construction, repair or replacement which would
occur in the normal course of maintenance of the common
areas as the project matures may occur subject to the
securing of any permits or paying fees required by
other ordinances .
15 . The developer and/or his representatives shall notify the
Department of Fish and Game, P. 0. Box 47, Yountville,
California 94599 of any proposed or existing construction
project within the project that may affect the streams in
accordance with Section 1601 and 1602 of the Fish and Game
Code .
16 . Details and loc, tions of entrance gates to the project (if
proposed) are to review and approval by the City
Engineer, the DSRSD-Fire Department and the City Planning
Department prior to installation .
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17 . At least one smoke/fire detector shall be connected in each
residential unit to an enunciator panel and alarm at each
group of units to notify the immediate neighbors to call the
fire department in case of a fire.
18 .' A pedistrian-circulation plan shall be submitted as part of
the Site Development Review material for review and approval
by the Planning Director.
19 . Heating of the pool/spa facility shall be by a solar heating
system, the location and design of which will be reviewed as
part of the Site Development Review. The developer shall
submit documentation that the number/size/location/design of
the solar collector panels will suffice to provide adequate
pool heating for a reasonable length of time in each
calender year.
20 . The at-grade patios shall be fenced and landscaped for
privacy of the units. Individual hose-bibs for each ground
level unit patio area shall be provided by the developer.
The design of the landscape and patio within the ground unit
patio areas shall be subject to review and approval by the
rector as art of the Site Development Review
Planning Di p P
submittal .
21. Make an offer of dedication to the City of Dublin for the
right-of-way along Do nlon Way,. nort h of Dublin Blvd. ,
plus
strip behind the curb for the
right-of-way
establish a P
k and landscaping.
existing sidewal .p g
22 . Contribute $50, 000 , towards future traffic improvements along
Dublin Boulevard, west of San Ramon Road, to mitigate traffic
impacts along this section of roadway which will be
aggrevated by this project.
23 . The necessary traffic improvements at the Dublin Boulevard/
San Ramon Road intersection shall be made to increase the
capacity of the intersection by adding a second left turn
lane for northbound traffic on San Ramon Road. This will
include signal modification, revision to medians, and
adjustment of through-lane markings. If other, projects
contribute to these improvements of the intersection, the
property owner will be reimbursed a proportionate share, as
determined by City Engineer.
24 . Traffic Improvements at Amador Valley Blvd. and San Ramon
Rd. .
a. Contribute up to 50% of the : cost - of ., modifying the
signals at Amador Valley Blvd. and San Ramon Blvd. to
accommodate the extension of Amador Valley Blvd. to the
subject property.
b. Construct the extension of Amador Valley Blvd. from San
Ramon Rd. to a cul-de-sac ending at the property. The
design of the extension shall comply with the
requirements of the City Traffic Engineering Consultants
and the City Engineerc . Should the necessary right-of-
way not be obtained by the developer for the Amador
Valley Blvd. extension, a cash bond, or letter of
credit, equal in value to 150% of the value of the land
under the roadway, plus the cost of the road
improvements, shall be deposited with the City. The
cost to the City of acquiring the right-of-way shall be
included. If and when additional monies are received
for improvement to this cul-de-sac, this developer or
property owner may be reimbursed for his cost of
improvements , this developer being responsible for up
to /0% of all extension improvements including curb,
gutL:er and other necessary longitudinal drainage,
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paving, sidewalk, street lights and street trees. Said
contribution shall be made prior to occupancy of any
unit.
25 . There shall be compliance with DSRSD Fire Department
requirements, Flood Control District requirements, - and
Public Works requirements . Written statements from each
agency approving the plans over which it has jurisdiction
shall be submitted to the Planning Department prior to
issuance of Building Permits or the installation of any
improvements related to this project.
26 . All utilities to and within the project shall be
undergrounded. Common water meters may be used, subject to
review by the City Staff and DSRSD.
27 . Other utilities for each unit shall be individually metered.
All meters shall be screened from view and enclosed by an
enclosure that is compatible in design and materials to that
of the building to which it is installed.
28 . Secure DSRSD agreement to maintain the on-site sanitary
sewer collection system excluding individual laterals. The
system shall be designed as acceptable to DSRSD.
29 . Developer shall furnish and install signs stating "Not a
Publicly Maintained Street" and "Fire Access - Park in
Designated Locations Only" in right-of-way of private
streets . Parking spaces shall be designated by sign, paint
or equal.
30 . Fire hydrants shall be installed and operable, to the
satisfaction of the Dublin San Ramon Services District Fire
Department, prior to combustible construction.
31. Prior to final inspection and occupancy of any units :
a. Storm drainage facilities shall have been installed as
approved by the City Engineer.
b. Fire protection devices shall have been installed, be
operable, and conform to the specifications of and
inspections by the Dublin San Ramon Services District
Fire Department.
C . A 6" high concrete curb (minimum) , or "rolled-curb" of
- - ---. a design acceptable to the City Engineer, to separate
all paved parking and passageway areas from landscaped
areas shall have been installed. _
fd. Cable TV hook-up shall be provided to each unit.
e. As-built drawings showing --the ' locations of all
' underground utilities (water, storm and sanitary sewer,
gas, electric, telephone, and cable . TV) shall be
provided to the City.
f . Street name signs, bearing such names as are approved
by the Planning Director, shall have been installed.
32 . Prior to occupancy of any unit, each phase of development
( landscaping, irrigation, fencing, and landscape lighting in
accordance with approved landscape and erosion control
plans) shall have been - installed, or a bond or letter of
credit for the landscaping, lighting, appurtenant
structures, and irrigation system shall be provided to the
City . A statement from the Project Landscape Architect
certifying that landscaping has been installed under his/her
supervision and is in accordance with approved plans shall
be submitted to the Building Official and Planning Director.
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33 . Private Vehicle Accessways :
a. Backfill of all utility trenches and pavement design in
private vehicle access way areas is to meet standards
for public streets .
b. The developer is to covenant and be responsible for the .
maintenance - of all facilities in the private vehicle
access way which are not maintained by a public utility
agency.
C. The connection between the private vehicle access way
and the public street is to be by a standard driveway
type of connection. Driveway throat width (at back of
sidewalk) shall be the same as the vehicle access way.
d. Safety lighting is to be provided on private vehicle
access way and on pedestrian-way facilities connecting
thereto. Lights shall utilize "vandal resistant"
enclosures, and shall have sufficient power and spacing
to provide an average maintained foot candle level of
0 . 12 . Uniformity ratios and increased lighting level
at entrance shall be provided to the .satisfaction of
the City Engineer and Planning Director.
34 . Approval of this Planned Development is for two years as is,
specified in Section 8-31. 2 (b) of the Zoning Ordinance.
35 . As part of the submittal for a grading plan, the developer ' s
engineer shall field survey Martin Canyon Creek and perform
hydrologic calculations indicating the capacity of the Creek.
Should the Creek not handle the 100-year storm flow,
improvements shall be designed so that this capacity is met,
with an effort to maintain the natural appearance of the
Creek. In addition, finished floor elevations of the units
along the Creek shall be set so that if the Creek becomes
blocked, the storm waters will flow onto San Ramon Road
before water would enter the residential units .
36 . The following Creek setbacks shall be adhered to:
a. For existing banks of 2 : 1 slope (horizontal over
vertical) or steeper, the setback is established by
drawing a line at 2 :1 slope from the toe of the existing
bank to a point where it intercepts the ground surface
and then adding 20 feet.
b. Where the existing bank is 2 :1 or flatter, the setback,
shall be 20 feet from the top of the bank.
The following information shall be provided to determine an
adequate setback from the creek <;=and for the required
hydrologic calculations: 1
a. The precise location, both horizontal and vertical,
of the Creek centerline and toes and tops of both sides
of the creek.
b. Cross sections of the Creek at intervals acceptable
to the City. Sections at 100 ' intervals are typical ;
more frequent sections may be required.
37 . The developer ' s engineer shall develop the expected truck
length and turning radius criteria to use the private streets
(fire equipment, delivery or garbage moving trucks, etc. ) and
design the curb radii accordingly and submit this data and
design criteria with the Improvement Plans.
38 . Wheel stops within the project shall be the curb at the end
of the parking stalls wherever possible . Where freestanding
wheel stops are necessary, 7ncrete stops shall be used.
39 . On-site circulation shall be constructed to private vehicle
accessway standards as acceptable to the City Engineer.
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40 . Prior to final preparation of the subgrade and placement of
base materials, all underground utility mains shall be
installed and service connections stubbed out beyond curb
lines . Public utilities and sanitary sewers shall be
installed in a manner which will not disturb the street
pavement; curb, and gutter when future service connections or
extensions are made.
41. Prior to filing for building permits, precise plans and
specifications for street improvements, grading, drainage
(including size, type and location of drainage facilities
both on- and off-site) and erosion and sedimentation control
shall be submitted and subject to the approval of the City
Engineer.
42 . Where soil or geologic conditions encountered in grading
operations are different from that anticipated in the soil
and geologic investigation report, or where such conditions
warrant changes to the recommendations contained in the
original soil investigation, a revised soil or geologic
report shall be submitted for approval and shall be
accompanied by an engineering and geological opinion as to
the safety of the site from hazards of erosion, settlement
and seismic activity.
43 . Roof drains shall empty onto paved areas, concrete swales,
other approved dissipating devices, or tied into the. storm
drain system.
44 . Dust control' measures, as approved by the City Engineer,
shall be followed at all times during grading and
construction operations .
45 . Construction and grading operations shall be limited to
weekdays (Monday through Friday) and the hours from 7 :30 a.m.
to 5 : 30 p.m. , except as approved in writing by the City
Engineer.
46 . Developer shall keep adjoining public streets and driveways
free and clean of project dirt, mud, materials and debris and
clean up shall be made during the construction period, as
determined by the City Engineer.
47 . a. Prior to commencement of any structures: Grading must
conform with the recommendations of the soils engineer
to the satisfaction of the City Engineer. A declaration
by the soils engineer that he has supervised grading and
that such conformance has occurred shall be submitted. :
b. Prior to final inspection of buildings: The following
shall have been submitted to the _City Engineer:
1) An as-built grading plan prepared by a registered
: f Civil Engineer, including original ground surface l
elevations, as-graded ground surface elevations,
lot drainage, and locations of all surface and
subsurface drainage facilities.
2 ) A complete record, including location and elevation
of all field density tests, and a summary of all
field and laboratory tests .
3) A declaration by the Project Civil Engineer and
Project Geologist that all work was done in
accordance with the recommendations contained in the
soil and geologic investigation reports and the
approved plans and specifications.
48 . Prior to any grading of the site, a detailed plan covering
grading (including phasing) , drainage, water quality,
erosion and sedimentation control for construction and the
post-construction period shall be prepared by the Project /
Civil Engineer and/or Engineering Geologist, and shall be
approved by the City Engineer. Said plans shall include
detailed design, location, and maintenance criteria of all
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erosion and sediment control measures . The plans shall
attempt to insure that no increase in sediment or pollutants
from the site will occur. The plan shall provide for long-
term maintenance of all permanent erosion and sediment
control measures
49 . Prior to final inspection of buildings, the developer shall
grade the site, install landscaping, soil erosion,
sedimentation and drainage control measures, and improve all
streets and easements, as shown or indicated on Exhibit "A" ,
and these conditions .
50 . Measures shall be taken to contain all trash, construction
debris, and materials on site until disposal off-site can be
arranged. The developer shall be responsible for corrective
measures at no expense to the City.
51. Install fire hydrants at the locations approved by the
Dublin San Ramon Services District in accordance with
present standards. Provide a raised blue reflectorized
pavement marker in the center of the private vehicle
accessways at each fire hydrant.
52 . If during construction, archaeological or historical remains
are encountered, construction in the vicinity shall be
halted, qualified archaeologist consulted, and the Planning
Department notified. If, in the opinion of the
archaeologist, the remains are significant, measures, as may
be required by the Planning Director, shall be taken to
protect them.
53 . Sidewalks shall be installed to assure that pedestrians can
walk within the project without having to walk down the
private vehicle accessways , as acceptable to the City
Engineer.
54 . Unit address information and directories shall be provided
to the satisfaction of the DSRSD Fire Department, Postal
Service, Police Services, and Dublin Planning Department.
55 . Parkland dedication fees shall be paid prior to the issuance
of building permits or prior to recordation of the Final
Map, whichever occurs first. The City Engineer shall
calculate the in-lieu fee based upon the Subdivision
Ordinance. Subject to review by the City Engineer and the
Planning Director, additional partial credit for private
facilities may be granted for additional recreational
facilities - developed elsewhere on ,_ the site . and the
pedestrian/bicycle crossing over Martin Canyon -Creek. - ' For
in-lieu ' fee calculation purposes, the preliminary park
dedication land required is .66,221 sq. ft. Final calculations shall be at the issuance of building permits or
at the approval of the Final Map, whichever occurs first.
56 . Should the project be phased. /
a. The undeveloped area shall be maintained as acceptable
to the DSRSD Fire Department and it shall be kept free
of trash and debris .
b . The complete road system shall be installed with the
first phase.
C . Each phase shall be landscaped and developed such that
should construction of subsequent phases be delayed, the
constructed phase (s) will appear as a completed project.
The landscape buffer along the west side of the project
shall be installed as part of the first phase. The
recreation building and pool facilities shall also be
installed as part of the first phase of development.
57 . Should the units not be sold init 'lly, the following
reports shall be filed with, and approved by, the City
Engineer at the time the units are put up for sale.
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a. a report by a licensed roofing contractor certifying
that the roofs of all the structures are in good-
condition and not likely to be in need of replacement
for at least 10 years.
b. a report by a Professional Engineer attesting that the
structure of all buildings, pavements, storm drainage
facilities; and the interior and exterior plumbing,
electrical systems, and utility and mechanical equipment
to be owned in common, or as part of the individual
condominiums, are in good and serviceable condition;
C . a report by a licensed painting contractor certifying
that painting throughout the project is in good
condition and that the building exteriors should not
require repainting for at least five years .
d. a report by a licensed termite and pest control
specialist certifying that the structures are free of
infestation and structural damage caused by pests .
58 . Special storage areas of at least 120 cu. ft. , each, shall
be .provided within, or adjacent to, each unit. The minimum
dimensions (width, depth and height) of the storage, areas
shall be subject to review and approval by the Planning
Director as part of the Site Development Review process.
59 . At the time of condominium sale, if the units are not sold
initially, all appliances shall -either be replaced with new
units or be warranted to the values of new appliances.
60 . A recreation area or tot-lot, separate from the pool/spa
area, shall be established prior to the occupancy of the
58th unit dwelling. A residential survey shall be prepared
by the developer and submitted to the Planning Director to
facilitate his determination as to what type of facility
shall be developed and its appropriate location.
61 . Prior to the issuance of building permits, the developer
shall submit the appropriate documentation to demonstrate
that all proposed development shall meet or exceed
applicable state noise attenuation requirements.
62 . Information detailing the design, location and materials of
all fencing, and of retaining walls over two feet in height
shall be submitted as part of the Site Development Review
and shall be subject to review and approval of the Planning
Director. '. Design and material of fences shall be compatible
with existing fencing in the vicinity of the project.
63 . The existing trees .indicated on the :.Site Plan date February
5, 1985 to be retained with the development of this project
are subject to the following minimum preservation criteria;
a. Original grade shall not be changed at tree trunk.
b. A qualified horticulturist, arborist, or other
professional tree expert shall be consulted to develop
a specific tree preservation program. The findings of
the preservation program shall be incorporated into the
project ' s grading and site development plan.
64 . The developer shall record an agreement, which shall be
subject to review and approval by the City Attorney which
assures the necessary pedistrian/bicycle cross access
between the subject property and the adjoining parcels .
65 .
The developer shall . obtain an encroachment permit from
Alameda County Flood Control and Water Conservation District
for connection to, and work within, the existing District
easement along t�6 southerly property li (48" RCP is
District ' s line J/-;�2 , Zone No. 7 ) .
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66 . Known water wells without a documented intent of future use
are to be destroyed prior to any demolition or grading in
accordance with a well destruction permit that shall be
obtained from Zone 7 of the Alameda County Flood Control and
Water Conservation District.
67 . The subject property lies within Special Drainage Area 7-1
and is ' subject to the condition of Ordinance No. 53 of the
Alameda County Flood Control and Water Conservation
District. Any applicable conditions of said ordinance shall
be observed at the time of issuance of building permits.
68. Public utility easements shall be required for the electric
distribution system. The exact locations of the easements
for the Pacific Gas and Electric Company and the Pacific
Telephone Company shall be secured from those respective
agencies .
69 . There may be one sign established for project identification
purposes . The location, copy and design of the sign shall
be.. subject to review and approval by the Planning Director
as part of the Site Development Review submittal.
70 . The developer shall confer with the local postal authories
to determine the type of centralized mail receptacles
..necessary and provide a letter stating their satisfaction at
the time the Site Development Review submittal is made.
Specific locations for such units shall be to the
satisfaction of the Postal Service and the Dublin Planning
Department. If centralized mail units are not required, the
developer shall provide written documentation from the
Postmaster stating the exemption.
71. Modification to the unit layout/design shall be made to
provide a minimum 20 foot building to building separation
and a minimum 15 foot clear area between building face and
patio enclosure, or patio enclosure and patio enclosure.
Modification to the location or size of patios shall not
release the obligation to provide a minimum 200 square foot
private open space area for each ground level -unit.
72 . (Deleted)
73 . Upon submittal of a Site Devlopment Review application, the
developer shall address the points of concerns relating to .
the architectural design of the proposed structures that
were identified within the staff - report to the Planning
Commission dated March 18, 1985. The design of the
change/equipment room is specifically not aproved by this
. ;'permit. -The design of that facility , shall be subject, to
review as part of the Site Development Review application.
l 74 . The developer shall be responsible for installation and
maintenance of landscaping within the adjoining public
right-of-way at the terminus of Shadow Drive. The
improvements at this area shall include installation of a
raised six inch curb along the length of the right-of-way.
These improvements shall be subject to review and approval
with the submittal of the Site Development Review and shall
be installed at the time the landscaping buffer along the
west property line is planted.
75 . (Deleted)
76 . Upon submittal of a Site Development Review application, the
developer shall address the design modifications regarding
unit placement and location of parking discussed within the
Staff Report to the Planning Commission dated March 18,
1985 . Site design changes proposed along the west property
line involy ng the introduction of additional or modified
parking ba,�facilities shall be in a manner to align to the
greatest extent possible the parking bays with the ends of
the three public streets lying to the west of the subject
property and/or done in a manner to eliminate parking spaces
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in close proximity to the west property line to accomodate a
wider landscape buffer between the parking bays and the west
property line .
77 . If the ,subject project is not subdivided, as proposed under
Subdivision 5388, the project shall be subject to -the
conditions of approval established for that subdivision, as
determined applicable by the City Engineer and the Planning
Director.
PASSED, APPROVED AND ADOPTED THIS 8th day of
April, 1985.
AYES: Cm. Hegarty, Jeffery, Moffatt, Vonheeder
and Mayor Snyder
NOES: None
ABSENT: None
Mayor
ATTEST:
City Clerk
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