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HomeMy WebLinkAboutAttachmt 3 - Reso Appv Tentative Parcel Map 9783 RESOLUTION NO. 08-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING TENTATIVE PARCEL MAP 9783 FOR THE GREEN ON PARK PLACE PROJECT, LOCATED E/O ARNOLD ROAD, W/O HACIENDA DRIVE, S/O MARTINELLI WAY AND N/O 1-580 (APNS: 986-0033-002,986-0033-003), PA 07-019 WHEREAS, Jim Wright of Blake Hunt Ventures is requesting approval of Tentative Parcel Map 9783 to merge two parcels (APNs: 986-0033-002,986-0033-003) into one parcel of ::!:27.45 acres; and WHEREAS, The proposed TPM 9783 will allow for the orderly merging of two parcels into one for the purposes of constructing The Green on Park Place Retail Centl~r, consistent with the City of Dublin General Plan and Eastern Dublin Specific Plan for the division of land; and WHEREAS, Government Code Sections 66428 of the Subdivision Map Act provide that a Tentative Parcel Map may be used when the purpose of the map is to create 4 or fewer parcels; and WHEREAS, the Applicant/Developer has submitted an application for a Tentative Parcel Map received July 8, 2008, on file in the Community Development Department, Planning Division; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), Staff is recommending that the project be found Categorically Exempt from CEQA pursuant to CEQA Section 15315, Class 15 Minor Land Divisions; and WHEREAS, the Planning Commission did hold a public hearing on said application on July 22, 2008; and WHEREAS, proper notice 0 f 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 Tentative Parcel Map 9783 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 fortb. NOW, THERFORE, BE IT RESOLVED that the City of Dublin Planning Commission does hereby find: A. Tentative Parcel Map 9783 is consistent with the intent (If applicable subdivision regulations and related ordinances. B. The design and improvements of Tentative Parcel Map 9783 are consistent with the General Plan and Eastern Dublin Specific Plan objectives, polices, general land uses, and programs as they relate to the subject property in that it is merging oftwo parcels for the implementation of General Commercial use and is designated for this type of developments. Attachment 3 C. Tentative Parcel Map 9783 is consistent with the General Provisions and Development Standards for the Planned Development Zoning District for The Green at Park Place, and therefore is consistent with the City of Dublin Zoning Ordinance. D. The project site is located adjacent to major roads, including 1-580, Hacienda Drive, Martinelli Way, and Arnold Road, on approximately 27.45::1: acres of land. The topography of the property is generally flat. The site is physically suitable for the type and intensity of the proposed General Commercial development proposed. E. The Tentative Parcel Map will not cause environmental camage or substantially injure fish or wildlife of their habitat or cause public health concerns because the proposed project is only for the combining of the land and not for any physical improvements. 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 ccnflicting easements of this nature. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City of Dublin Planning Commission hereby conditionally approves PA 07-019 Tentative Parcel Map 97~:3, to combine two parcels into one, prepared by JMH Weiss, received on July 8, 2008, attached to the staff report as Sheet C-5 of Attachment 5, and stamped approved and on file in the Community Development Department, except as specifically modified by the Conditions of Approval contained below. CONDITIONS OF APPROVAL: Unless stated otherwise. all Conditions of Approval shall be corrplied with prior to the issuance of building permits or establishment of use. and shall be subiect to Planning Department review and approval. The following codes represent those departments/a~~encies responsible for monitoring compliance of the conditions of approval: rPLl Planning. rBl Building. rpOl Police. rpwl Public Works. [ADMl Administration/City Attorney. rFINl Finance. rFl Alameda County Fire Devartment. rDSRSDl Dublin San Ramon Services District. rCOl Alameda County Department of Environmental Health. NO. CONDITION TEXT RESP. WHEN SOURCE AGENCY REQ'D Prior to: PLANNING 1. Fees. Applicant/Developer shall pay all applicable fees B,PL, Issuance of Standard in effect, including, but not limited to, Planning fees, AD\1, PW Building Permits Building fees, Traffic Impact Fees, TVTC fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees, Fire Facilities Impact fees, Noise Mitigation fees, Inclusionary Housing In-Lieu 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. 2. Required Permits. Applicant/Developer shall comply PL/PW Issuance of Standard with the City of Dublin Zoning Ordinance and obtain all Building Permits necessary permits required by other agencies (Alameda County Flood Control District Zone 7, Califomia 2 NO. CONDITION TEXT BESP. WHEN SOURCE AGENCY REQ'D Prior to: Department of Fish and Game, Army Corps of Engineers, Regional Water Quality Control Board, State Water Quality Control Board, Etc.) and shall submit copies of the permits to the Department of Public Works. PUBLIC WORKS 3. General Public Works Conditions of Approval: PW Ongoing Public Developer shall comply with the City of Dublin General Works Public Works Conditions of Approval for Parcel Map 9783 unless specifically modified by these Conditions of Approval. 4. Clarifications and Changes to the Conditions. In the PW Approval of Public event that there needs to be clarification to these Parcel Map Works Conditions of Approval, the Directors of Community Development and Public Works have the authority to clarify the intent of these Conditions of Approval to the ApplicantJDeveloper 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 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 project. 5. Substantial Conformance. The final Parcel Map shall PW Approval of Public be substantially in confoffilance with Tentative Parcel Parcel Map Works Map 9783 unless otherwise modified by the conditions contained herein. 6. Conditions of Approval. A copy of the Conditions of PW Approval of Public Approval which has been annotated how each condition Parcel Map Works 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. Submittals will not be accepted without the annotated conditions. 7. Title Report. A current preliminary title report (not Approval of more than 6 months old as of date of submittal) together Parcel Map 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. 8. Tentative Parcel Map Expiration. The Tentative PW Approval of Public Parcel Map shall have that life determined by the Parcel Map Works Subdivision Map Act, including but not limited to Section 66452.6. 9. Parcel Map 9783. The ApplicantJDeveloper shall have a ~W Prior to approval Public registered civil engineer or a licensed land surveyor of Parcel Map/ Works 3 NO. CONDITION TEXT BESP. AGENCY 10. prepare the final Parcel Map into the configuration, size and number of parcels shown on the approved Vesting Tentative Map 9783, and III accordance with the requirements of the Subdivision Map Act and City of Dublin standards. The map shall be prepared concurrently with the improvement plans and shall be reviewed and approved by the City Engineer and/or Public Works Director prior to recordation. Easements. ApplicantJDeveloper shall dedicate PW easements on the Parcel Map 9783 or by separate instrument as follows: a. Storm Drain Easement (SDE) b. Private Storm Drain Easement (PSDE) for on-site private storm drain system, detention bays and clean water structures. c. Emergency Vehicle Access Easement (EV AE) granted to the City of Dublin at locations dictated by the Fire Marshal. d. Sidewalk Easement (SWE) on the eastside of Arnold Road at future Altamirano A venue. e. Traffic Signal Easement (TSE) at the westerly approach of future Altamirano Avenue. f. Roadway dedication along Martinelli Way and Arnold Road, SWE and TSE as shown on Tentative Map 9783. g. Public Art Easement as required by Planning Division. h. Sanitary Sewer and Waterline easements as required by DSRSD. 1. Private Utility Easement for storm drain, electrical, telephone, and any other common utilities being shared by different parcels. J. Any other easements deemed reasonably necessary by the City Engineer and/or Public Works Director during final design and/or construction. 11. Easements to be dedicated by separate instruments shall be submitted for review and shall be recorded prior to or concurrently with Parcel Map 9783. Summary Vacation of Existing Public Easements. Public Easements that are no longer necessary based on the current site layout and right-of-way configuration shall be summarily vacated pursuant to ~66499.20Y2 of the Subdivision Map Act and pursuant to Division 9, Part 3, Chapter 4, Article 1, ~8333 of the Streets and Highways Code. Submittal Requirements. A complete submittal of parcel or final map to Public Works Department includes 12. 4 WHEN REQ'D Prior to: Improvement Plans and Issuance of Building Permit SOURCE Prior to approval of Parcel Mapl Improvement Plans Public Works Prior to approval of Parcel Map/ Improvement Plans During Plan Check NO. CONDITION TEXT copies of the following: a. 1 Improvement Plans (including grading, erosion/sediment control, signing, striping, lighting, and landscape/irrigation) prepared under the direction of a Registered Civil Engineer. All printing and lettering shall be 1/8" minimum height and such shape and weight as to be readily legible on prints and microfilm reproductions. 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 13. Final Parcel Map. When approved, the applicant shall obtain signatures and provide the original mylar sheets for City signatures. After City Council approval of the final map, and within two weeks of the approval date, the City will forward the map to the title company to record parcel map with the Alameda County Recorder's office at the applicants cost. The applicant shall be responsible payment of taxes and any other cost associated with recording the parcel map The Developer shall comply with the Subdivision Map Act, the City of Dublin Subdivision, 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. All public improvements constmcted by Developer and to be dedicated to the City are hereby identified as "public works" under Labor Code section 1771. Accordingly, Developer, in constructing such improvements, shall comply with the Prevailing Wage Law (Labor Code. Sects. 1720 and following). 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, Planning Commission, Zoning Administrator, or any other department, committee, or agency of the City related to this project (Tract 7586) 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 subiect to the 14. 15. 5 BESP. ACENCY PW PW WHEN REQ'D Prior to: SOURCE Prior to approval by City Council Ongoing Standard Ongoing Standard NO. CONDITION TEXT 16. City's promptly notifying The Developer of any said claim, action, or proceeding and the City's full cooperation m the defense of such actions or proceedings. In the event that 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 mmor 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 project. Developer shall provide the Public Works Department a digital vectorized file of the "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. 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. RESP. AGENCY PW PW PASSED, APPROVED and ADOPTED this 22nd day of July 2008. ATTEST: 17. WHEN REQ'D Prior to: SOURCE Ongoing Standard Approval of Parcel Map Standard Planning Commi;sion Chair Planning Manager 6