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CITY COUNCIL
<br />OF THE
<br />CITY OF PLEASANTON
<br />ALAMEDA COUNTY,
<br />CALIFORNIA
<br />ORDINANCE NO. 1021
<br />APPROVING THE APPLICA-
<br />TION OF THOMAS ORLOFF FOR
<br />DEVELOPMENT PLAN AP-
<br />PROVAL AND PUD-HIGH DENS•
<br />ITY RESIDENTIAL ZONING FOR
<br />CONSTRUCTION OF 150
<br />APARTMENT UNITS AND 20
<br />CONDOMINIUM UNITS ON A
<br />9.31 ACRE SITE LOCATED ON
<br />THE SOUTH SIDE OF VALLEY
<br />AVENUE IMMEDIATELY WEST
<br />OF SAFEWAY SHOPPING CEN-
<br />TER, NORTH OF AMADOR
<br />PARK AND EAST OF THE SIN•
<br />GLE•FAMILY RESIDENTIAL
<br />LOTS FRONTING ON BROOK-
<br />TREE WAY
<br />WHEREAS, Thomas Orloff
<br />applied for development plan
<br />approval for construction of
<br />150 apartment units and 24
<br />condominium units on a 9.31
<br />acre site located on the south
<br />side of Valley Avenue imme-
<br />diately west of Safeway Shop-
<br />ping Center, north of Amador
<br />Park and east of the single-fam•
<br />ily residential lots fronting on
<br />Brooktree Way; and
<br />WHEREAS, based on the Ini-
<br />tial Environmental Study, a neg•
<br />alive declaration was adopfed
<br />by Council on February 9, 1982;
<br />and
<br />WHEREAS, Council received
<br />the Planning Commission's rec-
<br />ommendation for approval of
<br />the development plan and re-
<br />zoning subject to several modi-
<br />fications; and
<br />WHEREAS, a duly noticed
<br />public hearing was held on Feb-
<br />ruary 9, 1982, at which time
<br />public testimony was heard con-
<br />cerning the proposed project;
<br />and
<br />WHEREAS, numerous minor
<br />changes in the project and addi-
<br />tional project conditions were
<br />suggested 4y the public and
<br />Council and were acceded to by
<br />the project sponsor; and
<br />WHEREAS, the City Council
<br />finds that this development
<br />plan and rezoning, as modified,
<br />is consistent with the General
<br />Plan policies of the City of
<br />Pleasanton;
<br />THE CITY COUNCIL OF THE
<br />CITY OF PLEASANTON DOES
<br />HEREBY ORDAIN AS FOLLOWS:
<br />Section 1: Approves the de-
<br />velopmentplan for construction
<br />of 150 apartment units and 20
<br />condominium units on a 9.31
<br />acre site located on the south
<br />side of Valley Avenue imme-
<br />diately west of Safeway Shop-
<br />ping Center, north of Amador
<br />Park and east of the single-fam-
<br />ily residential lots fronting on
<br />Brooktree Way, subject to the
<br />conditions on Exhibit "A" at•
<br />lathed hereto and by this refer-
<br />enceincorporated herein.
<br />Section 2: Approves the re-
<br />zoning of an approximately
<br />9.31 acre site located on the
<br />south side of Valley Avenue im-
<br />mediately west of Safeway
<br />Shopping Center, north of Ama-
<br />dor Park and east of the single-
<br />family residential lots frontingg
<br />on Brooktree Way from the A
<br />(Agricultural) District to the
<br />PUD-High Density Residential
<br />District.
<br />Section 3: The Zoning Map of
<br />the City of Pleasanton dated
<br />April 18, 1960, on file with the
<br />City Clerk, designating and div-
<br />iding the City into zoning dis-
<br />tricts is hereby amended by
<br />Zoning Unit Map #245, at-
<br />tached hereto as Exhibit "B"
<br />dated February 9, 1982, and
<br />incorporated herein by refer-
<br />ence.
<br />Section 4: The City staff is
<br />directed to cause a Notice of
<br />Determination to be filed pur-
<br />suant to Section 5.4(g) of Reso•
<br />lution No. 77-66.
<br />Section 5: This ordinance
<br />shall be published once within
<br />fifteen (15) days after its adop-
<br />tion in "The Valley Times," a
<br />newspaper of general circula-
<br />tion published in the City of
<br />Pleasanton.
<br />Section 6: This ordinance
<br />shall be effective thirty (30)
<br />days after the date of its final
<br />passage and adoption.
<br />INTRODUCED- at a regular
<br />meeting of the City Council of
<br />the City of Pleasanton on Feb•
<br />ruary 9, 1982.
<br />ADOPTED at a regular meet-
<br />ing of the City Council of the
<br />City of Pleasanton on February
<br />23, 1982 by the following vote:
<br />AYES: Councilmembers But-
<br />ler, Kephart, Mohr and Mayor
<br />Mercer
<br />NOES: Councilmember Wood
<br />ABSENT: None
<br />ABSTAIN: None
<br />KENNETH R. MERCER,
<br />MAYOR
<br />ATTEST:
<br />James R. Walker,
<br />City Clerk
<br />ey Doris George,
<br />Deputy City Clerk
<br />APPROVED AS TO FORM:
<br />Brian W. Swift,
<br />Acting City Attorney
<br />CONDITIONS OF APPROVAL
<br />PUD•81-23
<br />EXHIBIT "A"
<br />1. That the development be
<br />substantially as shown on the
<br />Development Plan, Exhibit A, on
<br />file with the Planning Division
<br />except as modified herein and
<br />that there shall be only 20 con-
<br />dominium units.
<br />2. That it there is to be a
<br />fence between the subject site
<br />and Amador Park, that the de•
<br />sign of that fence shall be sub-
<br />mitted to the Planning Division
<br />for approval prior to issuance of
<br />a building permit.
<br />3. That the developer will be
<br />required to dedicate the requis-
<br />ite right-of-way for and install
<br />street improvements for a full
<br />cul-de-sac at the end of Alame-
<br />da Drive. This cul-de-sac will
<br />have a 40 ft. curb radius, a 50
<br />ft. property line radius, a full 10
<br />ft. sidewalk, connection to the
<br />existing park pathway, and any
<br />normally required street im•
<br />provements. Alameda Drive
<br />shall provide emergency access
<br />to the project only; it shall not
<br />be a through street providing
<br />'access to the project.
<br />4. The developer shall install
<br />a driveway approach and an
<br />emergency vehicle gate be-
<br />tween the cul-de-sac and the on-
<br />sitedrive.
<br />5. That the width of both
<br />driveways be increased to pro•
<br />vide for 14 ft. minimum lanes at
<br />the Valley Avenue entrances.
<br />6. That a final landscape
<br />plan shall be submitted to the
<br />Planning Division for approval
<br />prior to issuance of a building
<br />permit. The landscape plan
<br />shall show large evergreen trees
<br />planted at the rear property
<br />lines of the condominium units.
<br />7. That the design of the car-
<br />ports shall be submitted to the
<br />Planning Division for approval
<br />prior to issuance of a building
<br />permit.
<br />8. That the street number of
<br />the development be posted so
<br />as to be easily seen from the
<br />street at all times, day and
<br />night.
<br />9. That all ducts, meters, air
<br />conditioning equipment, and
<br />any other mechanical equip-
<br />ment, whether on the structure,
<br />on the ground, or elsewhere, be
<br />effectively screened from view
<br />with materials architecturally
<br />compatible with the main struc-
<br />ture.
<br />10. That all mechanical
<br />equipment be constructed in
<br />such a manner that noise ema-
<br />natingfrom it will not be percep-
<br />tible at or beyond the property
<br />plane of the subject property in
<br />a normal environmen [hat
<br />zoning district.
<br />11. That all lighting be con-
<br />structed in such a mannerthat
<br />glare is directed away from sur•
<br />rounding properties and rights-
<br />of-way.
<br />12. That all trash and refuse
<br />be contained completely within
<br />enclosures architecturally com-
<br />patible with the main structure.
<br />13. That all trees used in
<br />landscaping be a minimum of
<br />15 gallons in size and all shrubs
<br />a minimum of 5 gallons.
<br />14. That if signing for the
<br />development is desired, a com-
<br />prehensive signing program be
<br />submitted to the City for consid-
<br />eration under separate applica-
<br />tion.
<br />15. That 6" vertical concrete
<br />curbs be installed between all
<br />paved and landscaped areas.
<br />16. That all parking spaces
<br />be striped and provided with
<br />wheel stops unless they are
<br />fronted by concrete curbs, in
<br />which case sufficient areas shall
<br />be provided beyond the ends of
<br />all parking spaces to accommo-
<br />date the overhang of automo-
<br />biles.
<br />17. That all utilities required
<br />to serve the development be in-
<br />st underground.
<br />That the applicant enter
<br />Into an agreement with the City
<br />approved by the City Attorney
<br />which guarantees that all land-
<br />scaping included in this project
<br />will be maintained in a health•
<br />ful, attractive and weedfree
<br />manner. Said agreement shall
<br />run with the land for the dura•
<br />lion of the existence of the
<br />structures located on the sub-
<br />ject property.
<br />19. That the developer install
<br />street trees as required per ordi-
<br />nance.
<br />20. That any damage to
<br />street improvements now exist-
<br />ing or done during construction
<br />on the subject property be re•
<br />paired at full expense to the de•
<br />veloper.
<br />21. That lighting approved by
<br />the Police Department shall be
<br />provided around the perimeters
<br />of all buildings on the subject
<br />property.
<br />22. That the developer install
<br />street frontage improvements
<br />per ordinance and to the satis-
<br />faction of the City Engineer.
<br />These improvements may in-
<br />clude, but are not necessarily
<br />limited to, grading, curb and
<br />gutter, sidewalk paving, storm
<br />drain, sanitary sewer, water fa-
<br />cilities, street lighting, under-
<br />ground utilities, and traffic con-
<br />trol devices.
<br />23. That the site be kept free
<br />of fire hazards from the start of
<br />construction to final inspection
<br />and that the Fire Department
<br />emergency number be provided
<br />adjacent to all telephones on
<br />the site.
<br />24. That all dwelling units in
<br />the development be construct-
<br />ed to meet the latest P.G.& E.
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<br />Energy Conservation Home
<br />Standards.
<br />25. That the following water
<br />conserving plumbing fixtures be
<br />installed: a) low flush water
<br />closets; b) shower flow control
<br />heads; c) aerators in interior
<br />faucets; and d) insulation of hot
<br />water lines.
<br />26. That the developer ac-
<br />knowledges that the City of
<br />Pleasanton does not guarantee
<br />the availability of sufficient sew•
<br />er capacity to serve this devel-
<br />opment by the approval of this
<br />case, and that the developer
<br />agrees and acknowledges that
<br />building permit approval may
<br />be withheld if sewer capacity is
<br />found by the City not to be avail-
<br />able.
<br />27. That the developer sub-
<br />mit a building permit survey
<br />and site development plan in
<br />accordance with the Survey Or-
<br />dinance (Article 3, Chapter 3,
<br />Title II) and that these plans be
<br />approved by the City Engineer
<br />prior to the issuance of a build-
<br />ing permit.
<br />28. That the site develop-
<br />ment plan include afl required
<br />information to design and con-
<br />struct site, grading, paving and
<br />drainage.
<br />29. That the paving sections
<br />for the parking and drive areas
<br />be designed on the basis of an
<br />R-Value test and a Traffic Index
<br />to carry the anticipated traffic
<br />load. This design shall be sub-
<br />ject to the approval of the City
<br />Engineer. The minimum paving
<br />section shall be 2" A.C. on 6"
<br />A.B. The minimum A.C. pave•
<br />ment slope shall be 1%.
<br />30. That the developer's con-
<br />tractorobtain an encroachment
<br />permit from the City prior to the
<br />be Inning of construction.
<br />31. That the developer shall
<br />pay any and all fees that the
<br />property may be subject to.
<br />32. That the apartments
<br />shall stay as rental units for a
<br />minimum of ten (10) years.
<br />33. That the colors of all
<br />structures shall be approved by
<br />the Planning Divisions prior to
<br />the issuance of a building per-
<br />mit. The project colors should
<br />complement neighboring struc-
<br />tures and should contain
<br />cream•colored walls and red file
<br />roofs.
<br />34. That all recommenda•
<br />lions of the Suppksmerital Traf-
<br />fk;Analysis prepared by Barton•
<br />Aschman Associates dated De-
<br />cember 19, 1981 shall be com-
<br />plied with, except that the worm
<br />diverter suggested for the Valley
<br />Plaza-Amador Plaza median
<br />break on Valley Avenue not be
<br />installed.
<br />35. That by the end of the
<br />first year from the time of initial
<br />occupancy, forty (40) of the 150
<br />apartment units shall be rented
<br />to senior citizens (aged 50 or
<br />older). At least 40 units shall be
<br />rented to senior citizens begin-
<br />ning from that time until the
<br />units cease to be rental apart•
<br />meats. In addition, the develo-
<br />per shall attempt to rent as
<br />many other units to senior citi•
<br />zens as is possible.
<br />36. That the developer re-
<br />place the existing fence along
<br />the western property line with a
<br />new six foot, wooden fence.
<br />37. That the condominium
<br />rear yard setbacks shall be a
<br />minimum of 25 feet and shall
<br />vary between 25 feet and 35
<br />feet.
<br />38. That barbecue areas be
<br />established in the recreation
<br />area.
<br />39. That all sidewalks shall
<br />be designed to State handi•
<br />capped standards for width and
<br />that the main project pathway
<br />shall be widened to a width ac-
<br />ceptable to the Director of Plan-
<br />ning and Community Develop-
<br />ment.
<br />40. That the developer con-
<br />tribute an amount not to exceed
<br />32,500 for the establishment of
<br />a senior citizen par course with-
<br />in the adjacent Amador Park.
<br />41. That all condominium
<br />units shall have automatic ga•
<br />rage door openers.
<br />42. That no pets shall be al•
<br />lowed.
<br />43. That the developer pro-
<br />vide adeceleration/turn lane on
<br />Valley Avenue at the driveway
<br />entrance to the project to the
<br />satisfaction of the City Engi-
<br />neer; said turn lane may be es-
<br />tablished within the existing
<br />roadway width or may require
<br />street widening as determined
<br />by the City Engineer.
<br />44. That the recreation area
<br />lighting along the southern
<br />property line be directed to light
<br />both the recreation area and the
<br />adjoining portions of Amador
<br />Park.
<br />Legal PT•VT 5173
<br />Publish March 5, 1982
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