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HomeMy WebLinkAboutPC Reso 08-17 Appv TMap 9783 for The Green Pa07-019RESOLUTION NO. 08-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING TENTATIVE PARCEL MAP 9783 FOR THE GREEN ON PARK PLACE PROJECT, LOCATED l~/O ARNOLD ROAD, W/O HACIENDA DRIVE, S/O MARTINELLI WAY AND N/O I-580 (APNS: 986-0033-002, 986-0033-003), P.~ 07-019 WHEREAS, Jim Wright of I31ake 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 T'PM 9783 will allow for the orderly merging of two parcels into one for the purposes of constructing The Green on Park Place Retail Center, consistent with the City of Dublin General Plan and Eastern Dublin Specific Plan for the division of lane; 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 ~;reate 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 Enviromnental 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 he~.ring on said application on July 22, 2008; and WHEREAS, proper notice oi'said public hearing was given ir. 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 Stiff; 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: A. Tentative Parcel Map 9783 is consistent with the intent of applicable subdivision regulations and related ordinances. B. The design and improvements of Tentative Parcel Map 97f,3 are consistent with the General Plan and Eastern Dublin Specific Plan objectives, polices, ;;eneral land uses, and programs as they relate to the subject property in that it is merging of tv-o parcels for the implementation of General Commercial use ~md is designated for this type of developments. C. Tentative Parcel Map 9783 is consistent with the General Provisions and Development Standards for the Planned Development Zoning District fay 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, includi~ig I-580, Hacienda Drive, Martinelli Way, and Arnold Road, on approximately 27.45 acre;; 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 damage or substantially injure fish or wildlife of their habitat or cause public health concerns t~ecause 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 conflicting 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 9783, 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 complied with prior to the issuance of building permits or establishment of use, and shall be subject to Planning Department review and ~~roval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: LL] Planning=[B] Buildin~,~[PO] Police, [PW] Public Works, ADM] Administration/City Attorne~[FIN] Finance, [F] Alameda County Fire Department, [DSRSDI Dublin San Ramon Services District, NCO] Alameda County Departm~,nt of Environmental Health. NO. CONDITION TEXT R]ESP. 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, ADIv1, 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 ma be ado ted and a licable. 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 Coup Flood Control District Zone 7, California 2 NO. CONDITION TEXT RESP. 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: ''W 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 A royal. 4. Clarifications and Changes to the Conditions. In the ?W 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 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 minor modifications to these conditions without going to a public hearing in order for the Developer to fulfill needed improvements or mitigations resulting from irripacts of this project. 5. Substantial Conformance. The final Parcel Map shall ''W Approval of Public be substantially in conformance 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 ]'W 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 acce ted 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 En ineer/Director of Public Works. 8. Tentative Parcel Map Expiration. The Tentative 1'W 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 Applicant/Developer shall have a PW Prior to approval Public re istered civil en ineer or a licensed land surve or of Parcel Ma / Works NO. CONDITION TEXT RESP. WHEN SOURCE AGENCY REQ~D Prior to: prepare the final Parcel Map into the configuration, size Improvement and number of parcels shown on the approved Vesting Plans and Tentative Map 9783, and in accordance with the Issuance of requirements of the Subdivision Map Act and City of Building Permit 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 rior to recordation. 10. Easements. Applicant/Developer shall dedicate 1'W Prior to approval Public easements on the Parcel Map 9783 or by separate of Parcel Map/ Works instrument as follows: Improvement Plans 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 (EVAE) granted to the City of Dublin at locations dictated by the Pire Marshal. d. Sidewalk Easement (SWE) on the eastside of Arnold Road at future Altamirano Avenue. 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. i. 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. Easements to be dedicated by separate instruments shall be submitted for review and shall be recorded prior to or concurrentl with Parcel Ma 9783. 11. Summary Vacation of Existing Public Easements. Prior to approval Public Easements that are no longer necessary based on of Parcel Map/ the current site layout and right-of--way configuration Improvement shall be summarily vacated pursuant to §66499.20'h of Plans the Subdivision Map Act and pursuant to Division 9, Part 3, Chapter 4, Article 1, §8333 of the Streets and Hi hwa s Code. 12. Submittal Requirements. A complete submittal of During Plan arcel or final ma to Public Works De artment includes Check NO. CONDITION TEXT RESP. WHEN SOURCE AGENCY REQ~D Prior to: 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 Prior to approval obtain signatures and provide the original mylar sheets by City Council 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 recordin the arcel ma 14. The Developer shall comply with the Subdivision Map 1'W Ongoing Standard 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 constructed 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 followin 15. The Developer shall defend, indemnify, and hold 1'W Ongoing Standard 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, indemni ,and hold harmless shall be sub'ect to the NO. CONDITION TEXT RESP. WHEN SOURCE AGENCY REQ~D Prior to: 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 roceedin s. 16. In the event that there needs to be clarification to these 1'W Ongoing Standard 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 im acts of this ro'ect. 17. Developer shall provide the Public Works Department a 1'W Approval of Standard digital vectorized file of the "master" files for the project Parcel Map 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 (~alifornia State Plane, Zone [II, and U.S. foot. PASSED, APPROVED and ADOPTED this 22"d day of July 2008. Planning Commission Chair ATTEST: l ' ~l ~v i~~ ~~~ Planning Mana