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HomeMy WebLinkAboutPC Reso05-46 Rec CC Storm Water Quality Basin SDR RESOLUTION NO. 05 - 46 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL APPROVE A SITE DEVELOPMENT REVIEW APPLICATION FOR A STORM WATER QUALITY CONTROL BASIN ON A PORTION OF THE PLANNED DEVELOPMENT DISTRICT KNOWN AS DUBLIN RANCH AREA H LOCATED WITHIN THE EASTERN DUBLIN SPECIFIC PLAN AREA NORTH OF INTERSTATE HIGHWAY 580 AND SOUTH OF THE PROPOSED EXTENSION OF DUBLIN BOULEVARD P A 05-005 WHEREAS, the Applicant, James Tong (representing Chang Su-O Lin, Hong Yao Lin & Hong. Lien Lin), submitted an application for a Site Development Review for an 11.193-acre lot located within the area known as Area H of Dublin Ranch in the Eastern Dublin Specific Plan Area. The project site is known as the Storm Water Quality Control Basin (WQCB). The application also includes a Stage 2 Development Plan; and WHEREAS, the Project Site generally is located north oflnterstate Highway 580 (I-580), south of the proposed extension of Dublin Boulevard and between the proposed extensions of Brannigan and Keegan Streets in an area designated as Tassajara Gateway in the Eastern Dublin Specific Plan area; and WHEREAS, on August 9, 2005 the Planning Commission adopted Resolution 05- recommending City Council approval of a Stage 2 Development Plan; and WHEREAS, in 2000 an Initial Study was prepared for P A 98-070, the Stage 1 Planned Development approval for Area H (SCH #99-1120412), and a determination was made that the project is within the scope of the Eastern Dublin Specific Plan and General Plan Amendment, for which a Program ElR was certified (SCH #91-103064) in 1993 including revisions to Part 1 of the Responses to Comments relating to the Kit Fox, the Addendum to the DEIR dated May 4, 1993, and a DKS Associates Traffic Study dated December 15, 1992 ("Eastern Dublin ElR"). The City also adopted a mitigation-monitoring program, which included numerous measures intended to reduce impacts from the development of the Eastern Dublin area. The timing for implementation of these mitigation measures is summarized in the adopted Mitigation and Monitoring Program matrix; and WHEREAS, the Initial Study prepared for PA 98-070, the Program ElR along with all subsequent Supplements, and the adopted Mitigation and Monitoring Program have been determined adequately to address anticipated environmental impacts resulting trom the proposed project for the purpose of compliance with CEQA; and WHEREAS, a staff report, dated August 9, 2005 and incorporated herein by reference, describes and analyzes the Project; and WHEREAS, the Plarming Commission reviewed the staff report and previously prepared environmental documentation at a duly noticed public hearing held on August 9, 2005, at which time all interested parties had the opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED that the Plarming Commission of the City of Dublin does hereby make the following findings and determinations regarding the Site Development Review (P A 05-005): A. Approval of the storm water quality control basin is consistent with the purpose and intent of Chapter 8.104, Site Development Review of the Dublin Zoning Ordinance. B. The storm water quality control basin, as conditioned, is consistent with the policies of the General Plan, the Eastern Dublin Specific Plan, the Stage 2 Development Plan PA 05-005, and with all other requirements of the Dublin Zoning Ordinance. C. The storm water quality control basin, as conditioned, will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety, and general welfare because the development is consistent with all laws and ordinances and implements the Eastern Dublin Specific Plan and Dublin General Plan. D. The proposed site development, including site layout, vehicular access, circulation, setbacks, height, walls, public safety and similar elements, has been designed to provide a desirable environment for the development. No structures or on-site parking is proposed. E. The subject site is physically suitable for the type and intensity of the proposed storm water quality control basin because it is a level site with area and dimensions that will accommodate the proposed use. F. The storm water quality control basin will not impact views because the proposed project conforms with the Eastern Dublin Scenic Corridor Policies and Standards. G. Impacts to existing slopes and topographic features are addressed because the property is flat and there are no significant topographic features. H. Architectural considerations, including the character, scale and quality of the design, the architectural relationship with the site and other buildings, including color 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 development with the development's design concept or theme and the character of adjacent buildings anticipated for Area H.. 1. Landscape considerations, including the location, type, size, color, texture and coverage of plant materials, provisions, and similar elements have been considered to ensure visual relief and an attractive environment for the public. J. The approval of the Site Development Review for a storm water quality control basin IS consistent with the Dublin General Plan and with the Eastern Dublin Specific Plan. BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin does hereby find that the proposed Site Development Review: will be harmonious and compatible with existing and future development in the surrounding area. 2 will occur within the Dublin City limits on a site that is plarmed to be surrounded by urban uses; will not displace habitat for endangered, rare, or threatened species; will not result in any significant negative effects relating to traffic, noise, air quality, or water quality; and; is an improvement that will satisfy the requirements of the Regional Water Quality Control Board to implement a storm water management plan. BE IT FURTHER RESOLVED that the Planning Commission hereby recommends that the City Council approve the Site Development Review application, PA 05-005 for Storm Water Quality Control Basin Dublin located within Area H of Dublin Ranch as generally depicted on the plans prepared by Conger, Moss & Guillard labeled Attachment I to the August 9, 2005 Staff Report dated received July 22, 2005 stamped approved, and on file with the Community Development Department; and, the Applicant's written statement, subject to the following conditions: CONDITIONS OF APPROVAL: prior to the issuance of CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: GENERAL - SITE DEVELOPMENT REVIEW 1. Site Development Review approval. Approval of SDR P A PL On-going Planning 05-005 is subject to the approval of the recording of Final Parcel Map 8640 and a Stage 2 Development Plan Review for Lot 3 of Parcel Map 8640 (pA 05-005). The Applicant shall comply with all standard site development review conditions, if applicable, attached hereto as Exhibit A. 2. Permit Expiration. Construction or use shall commence PL On-going DMC within one (I) year of Permit approval, or the Permit shall 8.96.020.D lapse and become null and void. Commencement of construction or use means the actual construction or use pursuant to the permit approval, or, demonstrating substantial progress toward commencing such construction or use. Ifthere is a dispute as to whether the Permit has expired, the City may hold a noticed public hearing to determine the matter. Such a determination may be processed concurrently with revocation proceedings in appropriate circumstances. If a Permit expires, a new application must be made and processed according to the requirements of this Ordinance. 3. Time Extension. The original approving decision-maker may, PI. On-going DMC 3 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: upon the Applicant's written request for an extension of 8.96.020.E approval prior to expiration, and upon the determination that any Conditions of Approval remain 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 by the particular Permit. 4. Revocation of permit. The permit shall be revocable for PI. On-going DMC cause in accordance with Chapter 8.96 of the Dublin Zoning 8.96.020.1 Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. PROJECT SPECIFIC - SITE DEVELOPMENT REVIEW 5. Clean up. The Applicant/Developer shall be responsible for PI. On-going clean up and disposal of project related trash and for maintaining a clean, litter-free site. 6. Controlling Activities. The Applicant /Developer shall PI. On-going control all activities on the project site so as not to create a nuisance to the surrounding businesses and residences. 7. NoiselNuisances. No loudspeakers or amplified music shall PI. On-going be permitted to project or be placed outside of the building. 8. Accessory Structures. The use of any accessory structures, PI. Installation of such as storage sheds or trailer/container units used for storage Accessory or for any other purpose, shall not be allowed on the site at any Structure time unless a Temporary Use Permit is applied for and approved. 9. Fees. Applicant/Developer shall pay all applicable fees in PI. Construction effect at the time of building permit issuance, including, but not limited to, Planning fees, Building fees, Traffic Impact Fees, TVTC fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees, Alameda County Fire Services fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; or any other fee that may be adopted and applicable. 10. Public Art Contribution. Applicant/Developer shall work PI. On-going with the City's public art coordinator towards the installation of public art. 11. Requirements and Standard Conditions. The PI. Issuance of Applicant/Developer shall comply with applicable Alameda Building County Fire, Dublin Public Works Department, Dublin Permits Building Department, Dublin Police Services, Alameda County Flood Control District Zone 7, Livermore Amador Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services District and the Califomia Department of Health Services requirements and standard conditions. Prior to issuance of building permits or the installation of any improvements related to this project, the Developer shall supply written statements !Tom each such agency or department to the Planning Department, indicating that all applicable conditions 4 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: required have been or will be met. 12. Required Permits. Applicant/Developer shall obtain all PI. Construction necessary permits required by other agencies (e.g., Alameda County Flood Control District Zone 7, Alameda County Health Agency (if necessary), State Water Quality Control Board, etc.) and shall submit copies of the permits to the Department of Public Works. 13. Ordinances/General Plan Policies. Applicant/Developer PI. Through Planning shall comply with the Subdivision Map Act, City of Dublin completion Subdivision Ordinance, City of Dublin Zoning Ordinance, Public Works Policies, and the City of Dublin General Plan and the Eastern Dublin Specific Plan. 14. Removal of Obstructions. Applicant/Developer shall remove PI. Construction Planning all trees including major root systems and other obstructions from building sites that are necessary for public improvements or for public safety as directed by the soils engineer and Director of Public Works. 15. Geographic Information System. Once the City PI. Planning Engineer/Public Works Director approves the development project, a digital vectorized file on floppy or CD of the Improvement Plans shall be submitted to the City and DSRSD. Digital raster copies are not acceptable. The digital vectorized files shall be in AutoCAD 14 or higher drawing format or ESRI Shapefile format. Drawing units shall be decimal with the precision of 0.00. All objects and entities in layers shall be colored by layer and named in English, although abbreviations are acceptable. All submitted drawings shall use the Global Coordinate System of USA, Califomia, NAD 83 California State Plane, Zone III, and U.S. foot. Said submittal shall be acceptable to the City's GIS Coordinator. 16. GradinglSitework Permit and Security. Pursuant to PI. Grading Planning § 7 .16.620 of the Municipal Code, the Applicant shall obtain a GradinglSitework Permit tram the Public Works Department that governs the installation of required site improvements. Said permit will be based on the final set of improvement plans to be approved once all plan check comments have been resolved. As a condition of issuance of said permit, Improvement Security shall be posted to guarantee the faithful performance of the permitted work. Such security shall be in the form of cash, a certified or cashier's check, a letter of credit, or a permit bond executed by the applicant and a corporate surety authorized to do business in California. The amount of the security will be based on the estimated cost of the site work (excluding the building). The applicant shall provide an estimate of these costs for City review with the first plan submittal. 17. Improvement Plans. The Applicant /Developer's Engineer PI. Construction Planning shall prepare final improvement plans for review and approval by the Director of PubJic Works. Said Improvement plans shall be based on the Site Plan and otheæreliminary plans in 5 CONDITION TEXT Exhibit A and include, but are not limited to, pIan and profile, storm drainage, utility, striping, new pavement sections per the approved project soils report, and details for the project to the satisfaction of the Director of Public Works. The Applicant/Developer's Engineer shall obtain the City of Dublin's On-Site Check List !Tom the Public Works Department and shall address any and all items applicable to the project. Said Check List shall be part of these conditions of approva1. 18. Emergency Vehicle Access Easement Dedications. PI. Applicant/Developer shall dedicate all needed emergency vehicle access easements !Tom each adjacent public street to all fire access roads surrounding the site and buildings as defined by Alameda County Fire Department and to the satisfaction of the Director of Public Works. 19. Construction Noise Management Program/Construction PI. Impact Reduction Plan. Applicant/Developer shall conform to the following Construction Noise Management Program/Construction Impact Reduction measures: a. Off-site truck traffic shall be routed as directly as practical to and from the freeway (1-580) to the job site. Primary route shall be from 1-580 to Tassajara Road to Dublin Boulevard. An Oversized Load Permit shall be obtained from the City prior to hauling of any oversized loads on City streets. Truck traffic shall be restricted to outside the peak traffic hours. b. The construction site shall be watered at regular intervals during all grading activities. The !Tequency 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. c. Construction equipment shall not be left idling while not In use. d. Construction equipment shall be fitted with noise muffling devices. e. Mud and dust carried onto street surfaces by construction vehicles shall be cleaned-up on a daily basis. f. Excavation hauI trucks shall use tarpaulins or other effective covers. g. Upon completion of construction, measures shall be taken to reduce wind erosion. Replanting and repaving shouId be completed as soon as possible. h. 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 6 RESPON. AGENCY WHEN REQ'D Prior to: On-going Through completion SOURCE Planning Planning CONDITION TEXT seeded and watered until grass growth is evident. 2) All portions of the site shall be sufficiently watered to prevent dust. 3) On-site vehicle speed shall be limited to 15 mph. 4) Use of petroleum-based palliatives shall meet the road oil requirements of the Air Quality District. Non-petroleum based tackifiers may be required by the City EngineerIPublic Works Director. I. The Department of Public Works shall handle all dust complaints. The City EngineerIPublic 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 EngineerIPublic Works Director. J. Construction interference with regional non-project traffic shall be minimized by; I) Scheduling receipt of construction materials to non-peak travel periods. 2) Routing construction traffic through areas ofleast impact sensitivity. 3) Routing construction traffic to minimize construction interference with regional non- project traffic movement. 4) Limiting lane closures and detours to off-peak travel periods. 5) Providing ride-share incentives for contractor and subcontractor personnel. k. Emissions control of on-site equipment shall be minimized through a routine mandatory program of low- emissions tune-ups. 20. Security During Construction. PI. a. Fencing - The perimeter of the construction site shall be fenced and locked at all times when workers are not present. All construction activities shall be confined to within the fenced area. Construction materials and/or equipment shall not be operated or stored outside of the fenced area or within the public right-of-way unless approved in advance by the Public Works Director. b. Address Sign - A temporary address sign of sufficient size and color contrast to be seen during night time hours with 7 RESPON. AGENCY WHEN REQ'D Prior to: Through completion SOURCE Planning CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: existing street lighting is to be posted. c. Emergency Contact - Prior to any phase of construction, Applicant/Developer will fiJe with the Dublin Police Department an Emergency Contact Business Card that will provide 24-hour phone contact numbers of persons responsible for the construction site. d. Materials & Tools - Good security practices shall be followed with respect to storage of building materials and tools at the construction site. e. Security lighting and patrols shall be employed as necessary. 21. Construction Hours. Standard construction and grading PI. Through Planning hours shall be limited to weekdays (Monday through Friday) completion 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 EngineerIPublic Works Director. For work on Saturdays, 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. 22. Construction Trash/Debris. Measures shall be taken to PI. Through Planning contain all construction related trash, debris, and materials completion on-site until disposal of-site can be arranged. The Applicant/Developer shall keep the adjoining public streets and properties free and clean of project dirt, mud, and materials during the construction period. The Developer shall be responsible for corrective measures at no expense to the City of Dublin. 23. Construction Fencing. The use of any temporary PI. Installation of Planning construction fencing shall be subject to the review and fencing approval of the Public Works Director and the Building Official. 24. Addressing. Address will be required for the electric service PI. Planning to equipment. Provide location of equipment and service. 25. Construction Drawings. Construction plans shall be fully PI. Construction Planning dimensioned (including building elevations) accurately drawn (depicting all existing and proposed conditions on site), and prepared and signed by a California licensed Architect or Engineer. All structural calculations shall be prepared and signed by a Califomia licensed Architect or Engineer. The site plan, landscape plan and details shall be consistent with each other. 26. Covenants, Conditions and Restrictions. The CC&Rs shall PI. Planning be reviewed by the City for compliance with the conditions of approval. 27. Clarifications and Chan¡¡es to the Couditions. In the event PI. Through Public 8 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: that there needs to be clarification to these Conditions of completion Works Approval, the Directors of Community Development and Public Works have the authority to clarifY the intent of these Conditions of Approval to the Applicant/Developer by a written document signed by the Directors of Community Development and Public Works and placed in the project file. The Directors also have the authority to make mmor modifications to these conditions without going to a public hearing in order for the Applicant/Developer to fulfill needed improvements or mitigations resulting from impacts of this project. (PW) 28. Maintenance Plan. A Maintenance Plan shall be prepared PI. Through Planning and subject to approval by the Director of Public Works and completion the Regional Water Quality Controi Board. 29. Deed of Trust. Immediately upon filing the final map, PL,PW Filing of Planning Applicant will obtain !Tom City and record a partial Final Map reconveyance of the City's existing deed of trust recorded against the proposed project which secures a $4.5 million loan so that the deed of trust will affect the remainder parcel only. BUILDING DIVISION 30. Building Permits, Codes aud Ordinances. The B Construction Building Applicant/Developer shall obtain all necessary permits from the Dublin Building Department. All project construction shall conform to all building codes and ordinances in effect at the time of building permits. 31. Building Permit Application. To apply for building permits, B Issuance of Building the Applicant/Developer shall submit eight (8) sets of Building construction plans together with final site plan and landscape Permits plans to the Building Department for plan check. Each set of plans shall have attached a copy of these conditions of approval with notations as to how the condition is being satisfied. The plans shall clearly indicate how all conditions of approval will be, or have been 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 obtaining the approvals of all participating non-City agencies prior to the issuance of building permits. FIRE PREVENTION DIVISION 32. Fire Codes and Ordinances. All project construction shall F Through Fire conform to all fire codes and ordinances in effect at the time of completion building permits. 33. Access roads. The access roads shall be able to support the F On-going Fire weight of the fire apparatus. 34. Knox boxes. Provide Knox boxes at the gates. The Knox box F On-going CFC 902.4 shall contain a key that opens the gate. Order forms for the Knox box are available at the fire prevention office. The key can be placed III the box during the Fire Department inspection. PUBLIC WORKS 35. Subdivision policies and Ordinances. The PW Through Public Applicant/Developer shall comply with the Subdivision Map completion Works 9 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: Act, the City of Dublin Subdivision, Zoning, and Grading Ordinances, the City of Dublin Public Works Standards and Policies, and all building and fire codes and ordinances in effect at the time of building permit. 36. Indemnification. The Applicant/Developer shaIl defend, PW On-going Public indemnifY, and hold harmless the City of Dublin and its agents, Works officers, and employees !Tom 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, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City related to this project 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 shaIl be subject to the City's promptly notifying the Applicant/Developer of any said claim, action, or proceeding and the City's fuIl cooperation in the defense of such actions or proceedings. 37. Grading Permits. Applicant/Developer shaIl obtain a PW Grading Public Grading/Sitework Permit !Tom the Public Works Department for Works all private grading and site improvements. 38. Other permits. Applicant/Developer shaIl obtain all permits PW Construction Public required by other agencies including, but not limited to Alameda Works County Flood Control and Water Conservation District Zone 7, Calífornia Department of Fish and Game, Anny Corps of Engineers, Regional Water Quality Control Board, Caltrans and provide copies of the permits to the Publíc Works Department. 39. Plans and maps. AIl submittals of plans and Final Maps shall PW Submittal of Public comply with the requirements of the "City of Dublín Public plans and Works Works Department Improvement Plan Submittal Requirements," final maps and the "City of Dublin Improvement Plan Review Check List." 40. Digital vectorized fIle. Applicant/Developer shall provide the PW Public Publíc Works Department a digital vectorized file of the Works "master" files for the project when the Final Map has been approved. Digital raster copies are not acceptable. The digital vectorized files shall be in AutoCAD 14 or higher drawing format. Drawing units shall be decimal with the precision of the Final Map. AIl objects and entities in layers shall be colored by layer and named in Englísh. AIl submitted drawings shaIl use the Global Coordinate System of USA, Calífornia, NAD 83 California State Plane, Zone III, and U.S. foot. DUBLIN POLICE SERVICES 41. CompIiauce. The Developer shaIl comply with all applícable PO On-going Police City of Dublin Non Residential Security Ordinance reQuirements. 42. Emergency response. Pathways around the site shaIl be PO On-going Police designed to support the weight and width of emergency response vehicles to aid in police patrols and emergency response situations. 10 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: 43. Locked gates. Locked gates will provide for emergency PO On-going Police vehicle access. 44. Restricted areas. Restricted areas will be posted as such. PO On-going Police 45. No graffiti. The Developer and/or Property Owner shall keep PO On-going Police the site clear of graffiti vandalism on a regular and continuous basis at all times. PASSED, APPROVED, AND ADOPTED this 9th day of August, 2005 by the following vote: AYES: NOES: ABSENT: ABSTAIN: i1ç;;:~~~ / Planning Commission Chair ATTEST: Plaru:~ager -- G:\PA#\2005\05-005 Water Quality Pond Area H\PC Reso 8-9-05.doc 11