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Home My WebLink AboutPC Reso05-65 04-060 Appv Tentative Map 7589 RESOLUTION NO. 05 - 65 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING TENT A TIVE MAP 7589 FOR CONDOMINIUM PURPOSES FOR THE PROPERTY LOCATED AT 6253 DOUGHERTY ROAD (APN 941-0550-069) P A 04-060 WHEREAS, the Ameriton Properties has requested approval of Tentative Map 7589 to subdivide the 6.385::!: acre site into a condominium creating 177 units and common areas (APN 941-0550-069) located east of Dougherty Road and north of Houston Place; and WHEREAS, the State of California Subdivision Map Act and the adopted City of Dublin Subdivision Regulations require that no real property may be divided into two or more parcels for purpose of sale, lease or financing, unless a tentative map is acted upon, and a final map is approved consistent with the Subdivision Map Act and City of Dublin Subdivision Regulations; and WHEREAS, a complete application for the project is available and on file in the Dublin Planning Department; and WHEREAS, this project is subject to the Condominium Conversion Ordinance (Chapter 8.54 of the Dublin Municipal Code) and the property owner will be required to obtain a Condominium Conversion Permit in accordance with the Ordinance prior to the sale of individual units; and WHEREAS, the Tentative Map for condominium purposes is classified as a Categorical Exemption under the California Environmental Quality Act (CEQA) Guidelines pursuant to Section 15301(k) (Existing Facilities), as conditioned is in compliance with the City of Dublin General Plan, and City of Dublin Zoning Ordinance, no variances or exceptions are required, all services and access to the parcels are available, the parcel was not involved in a division of a larger parcel within the previous two years, and the parcel does not have an average slope of greater than 20 percent; and WHEREAS, a Tentative Map for condominium purposes has been submitted to the City as required by Chapter 9.08 of the Dublin Municipal Code; and WHEREAS, Ameriton Properties submitted a related Site Development Review application, to construct carports for 88 existing parking spaces at the Iron Horse Trail Apartments; and WHEREAS, the Planning Commission did hold a public hearing on said application on December 13, 2005; and WHEREAS, proper notice of said public hearing was given in all respects as required by law, and the report and recommendation on the tentative was served in all respects as required by law; and WHEREAS, a Staff Report was submitted recommending that the Planning Commission approve the Tentative Map 7589 for condominium purposes subject to conditions prepared by Staff; and WHEREAS, the Planning Commission did hear and use its independent judgment and considered all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE City of Dublin Planning Commission does hereby find that: A. Tentative Map 7589 for condominium purposes is consistent with the intent of applicable subdivision regulations and related ordinances. B. The design and improvements of Tentative Map 7589 for condominium purposes are consistent with the General Plan objectives, polices, general land uses, and programs as they relate to the subject property in that it is a subdivision for implementation of a medium high density residential project in an area designated for this type of development. C. Tentative Map 7589 for condominium purposes is consistent with the Planned Development Zoning/Stage 1 and 2 Development Plan approved for the Iron Horse Trail Apartments, P A 99- 019, and is therefore consistent with the City of Dublin Zoning Ordinance. D. The project site is located adjacent to major roads, including Dougherty Road and Houston Place, on approximately 6.385::!: acres of land with relatively flat topography and is therefore physically suitable for the type and intensity of existing residential development. F. The design of the subdivision will not conflict with easements, acquired by the public at large, or access through or use of property within the proposed subdivision. The City Engineer has reviewed the map and title report and has not found any conflicting easements of this nature. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE City of Dublin Planning Commission conditionally approves Tentative Map 7589 for condominium purposes (PA 04-060) which will subdivide the 6.385::!: acre site into a condominium creating 177 units as well as a common area for the property located at 6253 Dougherty Road and further identified as APN 941-0550-069. This approval shall conform generally to: the Tentative Map 7589 for condominium purposes prepared by Kier & Wright dated received on February 18, 2005 labeled Exhibit A consisting of one (1) sheet stamped approved, except as specifically modified by the Conditions of Approval contained below and the Department of Public Works Standard Conditions of Approval included as Exhibit B. CONDITIONS OF APPROVAL Unless otherwise stated, all Conditions of Approval shall be complied with prior filing the Final Map 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: fPLl Planning, fBl Building, fPOl Police, fPWl Public Works, fADMl Administration, fFINl Finance, fPCSl Parks and Community Services, fFl Alameda County Fire Department, fDSRl Dublin San Ramon Services District, [COl Alameda County Flood Control and Water Conservation District Zone 7. GENERAL CONDITIONS 1. Conformance with Tentative Map. Prior to approval and recordation, the Final Map 7589 shall be in substantial conformance with Tentative Map 7589 (PA 04-060) prepared by Kier & Wright, received February 18, 2005, by the Community Development De artment. 2. Ordinances/General Plan Policies. RESPON. AGENCY/ DEPART. WHEN REQUIRED Prior to: NO. CONDITION TEXT PL,PW Approval of Standard Final Map PL,PW A roval of Standard 2 NO. CONDITION TEXT RESPON. WHEN SOURCE AGENCY/ REQUIRED DEPART. Prior to: Applicant/Developer shall comply with the Final Map Subdivision Map Act, City of Dublin Subdivision Ordinance, City of Dublin Zoning Ordinance, Public Works Policies, and the Citv of Dublin General Plan. 3. Previous Approval. This Resolution shall in no way PL Approval of Standard invalidate or nullify the previously approved Site Final Map Development Review for the Iron Horse Trail Apartments (PA 99-31) approved as Resolution No. 99-31 by the Planning Commission. 4. Expiration. Tentative Map 7589 shall expire in two PL Approval of Standard and one-half years pursuant to the Dublin Municipal Final Map Code Section 9.08.120 unless an extension is granted by the Planning Commission. 5. Parking. The project shall comply with the City of PL Approval of PL Dublin Parking Requirements (Section 8.76.080.B). Final Map The project shall provide the required mix of covered and guest spaces. 88 additional covered spaces shall be provided on-site. Existing guest spaces may be converted to covered spaces provided that the minimum number of spaces and the required mix of covered and guest parking are provided. 6. Condominium Conversion Permit. This project is PL Condominium PL subject to the Condominium Conversion Ordinance Conversion (DMC Chapter 8.54). The property owner shall obtain and On-going a Condominium Conversion Permit prior to the sale of individual units within the Proiect. 7. Davis-Stirling Common Interest Development Act. PL,PW On-going Standard All documents prepared in conjunction with Tentative Map 7589 shall conform to the Davis-Stirling Common Interest Development Act. 8. Covenants, Conditions and Restrictions (CC&Rs). PL,PW Approval of Standard An association shall be formed by recordation of a Final Map declaration of Covenants, Conditions and Restrictions. Said declaration shall set forth the name of the association, ownership of the Common area and Restricted Common Area, the restrictions on the use or enjoyment of any portion of the common area for maintenance and/or access, and the bylaws, rules and regulations of the association. Prior to recordation, said CC&Rs document shall be reviewed by the City for compliance with this Resolution. 9. Condominium Plans. The applicant shall prepare for PW Approval of Standard City review/approval condominium plans that Final Map illustrate In three-dimensions the dimensional characteristics and boundaries of each condominium unit and appurtenant easement(s). Said plans shall be recorded with the CC&Rs document. 3 NO. CONDITION TEXT RESPON. WHEN SOURC.E AGENCY/ REQUIRED DEPART. Prior to: 10. Easements. The applicant shall dedicate easements PW Approval of Standard on the Final Map 7589 or shall create easements or Final Map other rights in the CC&Rs to memorialize mutual or reciprocal rights to shared access and utilities within the common areas. 11. Hold HarmlesslIndemnification. PL, ADM Approval of Standard Applicant/Developer shall defend, indemnify, and Final Map 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, and 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, Zoning Administrator, or any other department, committee, or agency of the City regarding the Tentative Map to the extent that such actions are brought within the time period required by Government Code Secti on 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 oroceedinl!s. 12. Title Reports/Deeds. A current title report and PW Approval of Standard copies of the recorded deed of all parties having any the Final recorded title interest in the property to be divided, Map and on- copies of the deeds and the Final Maps for adjoining gomg properties and easements shall be submitted as deemed necessary by the Director of Public Works. 13. Easements. All easement dedications for DSRSD DSRSD Approval of Standard facilities shall be by separate instrument irrevocably Final Map offered to DSRSD or by offer of dedication on the Final Map. 14. Easements. Pri or to approval by the City for DSRSD Approval of Standard Recordation, the Final Map shall be submitted to and the Final approved by DSRSD for easement locations, widths, Map and restrictions. 15. Sewer and Waterline. No sewer line or waterline DSRSD On-going Standard construction shall be permitted unless the proper utility construction permit has been issued bv DSRSD. 16. Hold Harmless. The applicant shall hold DSRSD, DSRSD On-going Standard it's Board of Directors, commissions, employees, and agents of DSRSD harmless and indemnify and defend the same from any litigation, claims, or fines resulting from the construction and completion of the proiect. 4 NO. CONDITION TEXT RESPON. WHEN ~OURCE AGENCY/ REQUIRED DEPART. Prior to: 17. Meter. Per Dublin San Ramon Services District Code DSRSD On-going Standard Section 6.2.01 all properties served by a single meter must be under one ownership 18. Sewer Connection Fees. Where an existing DSRSD On-going Standard apartment building is converted into a condominium project and divided into condominiums without a change in the sewer facilities serving the building, the sewer permit previously issued to the building may be reissued, without an additional connection fee. Whereas the management body maintains the side sewer and any other sewer facilities linking the building with the main sewer. Per Dublin San Ramon Services District Code 7.2.09 Issuance of Sewer Permit for condominium conversions. 19. Public Works Department Standard Conditions. PW Approval of Standard The applicant shall comply with the attached Public Final Map Works Department Standard Conditions of Approval, dated April 13, 2005, as applicable. PASSED, APPROVED AND ADOPTED this 13th day of December 2005. AYES: Chair Schaub and Commissioners Biddle, King, Fasulkey, Wehrenberg NOES: ATTEST: t!:cte, ff~.f::. Planning Commission Chairperson ABSENT: G:\P A#\2004\04~060 Iron Horse Condo Map\PC Reso Map.doc 5