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HomeMy WebLinkAboutAttachmt 2 Reso Appv Vesting Tract Map 9096 RESOLUTION NO. 06- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING VESTING TENTATIVE TRACT MAP 9096 FOR THE VENTURE COMMERCE CENTER LOCATED AT 6300 CLARK AVENUE (APN 941-1401-003) PA 06-020 WHEREAS, the Applicant, Venture Corporation, has requested approval of Vesting Tentative Tract Map 9096 for P A 06-020, Venture Commerce Center, on approximately !4.19 gross acres of land located at 6300 Clark Avenue for the development of 31 office condominium units; and WHEREAS, the project consists of a total of 31 units which will be for-sale condominium units, parking, and common areas (the "Project"); 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, the Applicant/Developer has submitted a complete application for a Vesting Tentative Tract Map dated September 22, 2006, on file in the Community Development Department, Planning Division; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), Staff has recommended that a Negative Declaration be approved by the Planning Commission which states that the proposed Project will not have a significant effect on the environment; and WHEREAS, the City of Dublin Planning Commission did hold a public hearing on said application on October 10, 2006; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted to the Planning Commission recommending approval of Vesting Tentative Tract Map 9096 subject to the 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, THERFORE, BE IT RESOLVED that the City of Dublin Planning Commission does hereby find: 1. Vesting Tentative Tract Map 9096 is consistent with the intent of applicable subdivision regulations and related ordinances. 2. The design or improvements of Vesting Tentative Tract Map 9096 is consistent with the City's General Plan policies as they apply to the subject property in that it is a subdivision for construction of an offi~e development in the C-O (Commercial Office) Zoning District with a land use designation of Business ParklIndustrial. ATTACHMENT 2 3. Vesting Tentative Tract Map 9096 is consistent with all applicable provisions of the Dublin Zoning Ordinance and with performance standards established for the c-o (Commercial Office Zoning District) in which it is located. 4. The site is located adjacent to major roads on !4.l9 gross acres of relatively flat topography and is, therefore, physically suitable for the type and density of development. 5. The Negative Declaration prepared for this project has indicated that the proposed development will not create a significant effect on the environment. 6. 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 hereby conditionally approves PA 06-020 Vesting Tentative Tract Map 9096, Attachment 6 of the October 10, 2006 Planning Commission Agenda Statement, which will subdivide the property into condominium units for office condominium purposes (APN 941-1401-003). This approval shall conform generally to: the Vesting Tentative Tract Map 9096 prepared by Kier and Wright, dated April 2006 and received on September 22, 2006, by the Planning Division, and consisting of one sheet stamped approved except as specifically modified by the Conditions of Approval contained below. CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to the approval of the Final Parcel Map. and shall be subiect to City Engineer and the Director of Community Development review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: rPLl Planning, rBl Building, rpOl Police. rpwl Public Works, rADMl Administration/Citv Attornev, rpCSl Parks and Communitv Services, rFl Citvof Dublin Fire. and rDSRl Dublin San Ramon Services District. NO. CONDITION TEXT RESP. SOURCE AGENCY . GENERAL CONDITIONS 1. General. The Developer shall comply with the Subdivision Map PW Public Works 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. 2. Clarifications and Changes to the Conditions. In the event that PW Public Works there needs to be clarification to these Conditions of Approval, the Director of Community Development and the City Engineer have the authority to clarify the intent of these Conditions of Approval to the Developer without going to a public hearing. The Director of Community Development and the City Engineer also have the authority to make minor modifications to these conditions without going to a public hearing in order for the Developer to fulfill needed improvements or mitigations resulting from impacts of this proiect. 3. Electronic File. Developer shall provide the Public Works PW Public Works 2 NO. CONDITION TEXT Department a digital vectorized file of the "master" files for the project when the Final Map has been approved. 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. All objects and entities in layers shall be colored by layer and named in English. All submitted drawings shall use the Global Coordinate System of USA, California, NAD 83 California State Plane, Zone III, and U.S. foot. 4. Hold Harmless/Indemnification. The Developer shall defend, indemnify, and hold harmless the City of Dublin and its agents, officers, and employees from any claim, action, or proceeding against the City of Dublin or its agents, officers, or employees to , attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, 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 Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying The Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings 5. Fees. The Developer shall pay all applicable fees in effect at the time of building permit issuance including, but not limited to, Planning fees, Building fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees, Public Works Traffic Impact fees, Alameda County Fire Services fees; Noise Mitigation fees, Inclusionary Housing In- Lieu fees; Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water COl}l1ection fees; and any other fees as noted in the Development Agreement. 6. Zone 7. Any water well, cathodic protection well, or exploratory boring on the project property must be properly abandoned, backfilled, or maintained In accordance with applicable groundwater protection ordinances. For additional information contact Alameda County Flood Control, Zone 7. 7. Substantial Conformance. The final Parcel Map shall be substantially in conformance with Tentative Parcel Map 9096 unless otherwise modified by the conditions contained herein. 8. Conditions of Approval. A copy of the Conditions of Approval which has been annotated how each condition is satisfied shall be included with the submittals to the Public Works Department for the review of the Parcel Map and improvements plans. The notations shall clearly indicate how all Conditions of Approval will be complied with, and where they are located on the plans. 3 RESP. AGENCY PW PW PW PW PW SOURCE Public Works Public Works Public Works Public Works Public Works NO. CONDITION TEXT RESP. SOURCE AGENCY Submittals will not be accepted without the annotated conditions. 9. Vesting Tentative Tract Map Expiration. The Tentative Parcel PW Public Works Map shall have that life determined by the Subdivision Map Act, including but not limited to Section 66452.6. 10. Submittal. All submittals of plans and Final Maps shall comply PW Public Works with the requirements of the "City of Dublin Public Works Department Improvement Plan Submittal Requirements", and the "City of Dublin Improvement Plan Review Check List". 11. Final Map. The Final Map shall be substantially in accordance with PW Public Works the Tentative Map approved with this application, unless otherwise modified by these conditions. 12. Easements. All rights-of-way and easement dedications required by PW Public Works the Tentative Map including the Public Service Easement shall be shown on the Final Map. PUBLIC WORKS - PROJECT SPECIFIC 13. Vesting Tentative Tract Map 9096. The Applicant/Developer PW Public Works shall prepare the Final Parcel Map into the configuration, size and number of parcels shown on the Tentative Parcel Map 9096 in accordance with the requirements of the Subdivision Map Act and City of Dublin standards. The map shall be reviewed and approved by the City Engineer/Public Works Director prior to recordation. 14. Title Report. A current preliminary title report (not more than 6 PW Public Works months old as of date of submittal) together with copies of all recorded deeds, easements and other encumbrances and copies of Final Maps for adjoining properties and off-site easements shall be submitted for reference as deemed necessary by the City Engineer/Director of Public Works. 15. Easement Dedications. The Applicant shall dedicate easements on PW Public Works the final Parcel Map or by separate instrument as follows: a) Emergency Vehicle Access Easement (EV AE) in locations and configurations as required by the Fire Marshall to assure unobstructed access onto and through the properties by emergency vehicles. b) A 6-foot wide Right-of-Way dedication along Dublin Boulevard frontage for future bicycle lane. c) Easements as required by DSRSD. 16. Improvements Within Existing Easements. The PW Public Works Applicant/Developer shall obtain written permission from the beneficiaries of all existing easements encumbering the site before constructing improvements within the easement areas if the proposed improvements are inconsistent with purpose for which the easement was created. Said permission shall be forwarded to the City as evidence of the Applicant/Developer's right to construct said improvements. 17. Submittal Requirements. A complete submittal of parcel or final PW Public Works 4 NO. CONDITION TEXT RESP. SOURCE AGENCY map to Public Works Department includes copies of the following: a) 1 Improvement Plans (including grading, erosion/sediment control, signing, striping, joint trench, lighting, and landscape/irrigation) prepared under the direction of a Registered Civil Engineer b) 2 Tentative parcel maps c) 6 Parcel or Final Maps and closure calculations, together with all reference maps, data and all pertinent recorded documents d) 2 Title Reports with all exceptions e) 2 Annotated copies of final Conditions of Approval PASSED, APPROVED AND ADOPTED this 10th day of October 2006 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commissioner Chair ATTEST: Planning Manager G:\PA#\2006\06-020 Venture Corp Pre-Application\PC Approve VTM,DOC 5