HomeMy WebLinkAbout8.2 Attch 5 RESO VTM 8016 PA 08-045 Dublin Ranch No. Annexation AreaRESOLUTION NO. 09-XX
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING VESTING TENTATIVE TRACT MAP 8016 TO SUBDIVIDE A 157.2 ACRE
PARCEL KNOWN AS DUBLIN RANCH NORTH
(APN: 985-0028-003-02)
PA 08-045
WHEREAS, the Applicant, James Tong on behalf of the Lin family, has requested approval of
Vesting Tentative Tract Map 8016 to subdivide a 157.2 acre parcel located at 6582 Tassajara Road; and
WHEREAS, the proposed subdivision of the 157.2 acre property results in five (5) lots as follows:
Lot 1 = 12.9 acres, Lot 2 = 5.9 acres, Lot 3 = 4.5 acres, Lot 4 = 7.0 acres, Lot 5 = 126.8; and
WHEREAS, the Applicant is proposing to cluster development on Lots 1 through 4 located in the
northwestern portion of the project site; and
WHEREAS, the majority of the project site (lot 5), 126.8 acres, will be placed in a permanent
conservation easement for the protection of wildlife; and
WHEREAS, on November 14, 2009, the Planning Commission adopted a Resolution,
incorporated herein by reference, recommending that the City Council adopt a Resolution amending the
General Plan and Eastern Dublin Specific Plan to change the land use designations of Dublin Ranch North
from Low Density Residential and Rural Residential/Agricultural to Estate Residential and Open Space;
and
WHEREAS, on November 10, 2009, the Planning Commission adopted a Resolution,
incorporated herein by reference, recommending that the City Council adopt an Ordinance approving a
Planned Development Prezone with a related Stage 1 and Stage 2 Development Plan for Dublin Ranch
North; and
WHEREAS, Vesting Tentative Tract Map 8016 is consistent with the General Plan Amendment,
Specific Plan Amendment, and Planned Development Prezone; and
WHEREAS, the State of California Subdivision Map Act and the Subdivision Regulations
adopted by City of Dublin 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 proposed subdivision is available and on file in the
Community Development Department and the Vesting Tentative Tract Map 8016 has been submitted to
the City as required by Chapter 9.08 of the Dublin Municipal Code; and
WHEREAS, the Dublin Ranch North property is within the General Plan Eastern Extended
Planning Area for which a Program Environmental Impact Report (EIR) was certified pursuant to the
California Environmental Quality Act (CEQA) by the City Council by Resolution No. 51-93 and two
subsequent. Ad&ndurns,. dated. May 4j:..1993 and. August.. 22,. 199.4 (thy,."Easter,Dublin EHV' (SCIL
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91103064)). The Eastern Dublin EIR identified significant and unavoidable impacts from development of
the Eastern Dublin area, some of which apply to this project; and
WHEREAS, pursuant to CEQA and the CEQA Guidelines, the City as the Lead Agency prepared
a Mitigated Negative Declaration for the Dublin Ranch North project entitled "Initial Study/Mitigated
Negative Declaration" dated October 2009 and incorporated herein by reference, and circulated it for
review; and
WHEREAS, the Planning Commission reviewed the Mitigated Negative Declaration at a noticed
public hearing on November 10, 2009 and recommended that the City Council adopt a Mitigated Negative
Declaration for the Dublin Ranch North Annexation Area; and
WHEREAS, a Staff Report was submitted analyzing the Project and Mitigated Negative
Declaration, and recommending the Planning Commission approve Vesting Tentative Tract Map 8016
subject to conditions prepared by Staff; and
WHEREAS, the Planning Commission did hold a public hearing on said application on
November 10, 2009; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law; and
WHEREAS, the Planning Commission did hear and use independent judgment and considered the
Mitigated Negative Declaration all said reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and
made a part of this resolution.
BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby find
that
A. Vesting Tentative Tract Map 8016 is consistent with the intent of applicable subdivision
regulations and related ordinances.
B. The five lots created by Vesting Tentative Tract Map 8016 are consistent with the General Plan
and Eastern Dublin Specific Plan objectives, polices, land uses, and programs as they relate to
the subject property in that it is a subdivision for the development of residential and open space
uses provided by the Plans, as well as measures addressing public infrastructure and
environmental issues.
C. Vesting Tentative Tract Map 8016 is consistent with the General Provisions and Development
Standards proposed for the Planned Development Zoning District for Dublin Ranch North and
therefore is consistent with the City of Dublin Zoning Ordinance.
D. The project site is located adjacent to a future cul-de-sac, (Cydonia Court), on approximately
157.2 acres of land and development is proposed on 30.4 acres in a less constrained area with
adjacent hillside areas placed in open space and is therefore physically suitable for the type and
intensity of development proposed.
E. With the incorporation of environmental mitigation measures from the Eastern Dublin Specific
Plan EI , prepam&.for' tic:Eagern.Dublin Specific Plan, Arearand,the -Mitigation, Measures.,.
referenced in the Mitigated Negative Declaration for the project site, the design of the
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proposed tract map will not cause environmental damage or substantially injure fish or wildlife
of their habitat or cause public health concerns.
F. The design of the proposed Vesting Tentative Tract Map 8016 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.
BE IT FURTHER RESOLVED that the City of Dublin Planning Commission hereby
conditionally approves Vesting Tentative Tract Map 8016, PA 08-045 to subdivide 157.2 gross acres of
land, as follows: Lot 1 = 12.9 acres, Lot 2 = 5.9 acres, Lot 3 = 4.5 acres, Lot 4 = 7.0 acres, Lot 5 = 126.8
acres. Vesting Tentative Tract Map 8016, prepared by MacKay & Somps dated received on October 23,
2009 (sheets 1, 2 and 3) and is on file in the Community Development Department.
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
approval The following codes represent those departments/agencies responsible for monitoring
compliance of the conditions of approval jPL 1 Planning,_[B] Building fPOJ Police, fPWI Public Works
rADML Administration/City Attorney 1FIN] Finance [Fl Alameda County Fire Department f DSRI
Dublin San Ramon Services District [CO1 Alameda County Dppartment of Environmental Health, rZ71
Zone
CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
1. Fees. Applicant/Developer shall pay all applicable fees B, PL, Issuance of Standard
in effect, including, but not limited to, Planning fees, ADM, PW Building
Building fees, TVTC fees, Dublin San Ramon Services Permits
District fees, Public Facilities fees, Dublin Unified
School District 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 an other fee that may be adopted and applicable.
2. Final Map Dedications: All easement dedications PW Final Map Public
shown on the Tentative Map shall be dedicated on the Works
Final Map.
3. Cydonia Court: Tract 7540 shall be recorded and PW Final Map Public
Cydonia Court accepted by the City and access rights Works
from Cydonia Court to Tract 8016 be recorded prior to
the approval of the Tract 8016 Final Map.
4. Water Quality Treatment: The storm drain system PW Final Map Public
shall be design to meet all applicable requirements of Works
Section C3 of the Municipal Regional Permit adopted
by the Regional Water Quality Control Board on
October: 14, 1 2009,,, to, the'r satisfactio , .of : the,, City .
Engineer.
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CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
5. Storm Drain Diversion: The Developer shall provide PW Final Map Public
hydrology / hydraulic calculations that show that the Works
existing storm drain system has adequate capacity for
any diversion of drainage from Tract 8016. The City
will provide to the Developer copies of the existing
Hydrology / hydraulic calculations for the downstream
storm drain system.
6. Storm Drain Improvements: All storm drain PW Final Map Public
improvements within Tract 8016 shall be privately Works
owned and maintained.
7. Overland Drainage: The Developer shall provide PW Final Map Public
calculations that show that any overland drainage Works
flowing across the southern property line is less than the
flow prior to the development of Tract 8016. Any
concentrated drainage flow shall be designed, to the
satisfaction of the City Engineer, to be dispersed prior to
flowing across the southern property line.
8. Tract Improvement Agreement: The Developer shall PW Final Map Public
enter into a Tract Improvement Agreement with the City Works
for the common private site improvements including the
driveway and drainage improvements.
9. Surety: The Developer shall provide performance PW Final Map Public
(100%), and labor & material (100%) securities to Works
guarantee the tract improvements, approved by the City
Engineer, prior to execution of the Tract Improvement
Agreement and approval of the Final Map.
10. Phasing of Parcel Map: Any phasing of the Final Map PW Final Map Public
or site improvements is subject to the approval of the Works
City Engineer.
11. Clarification. In the event that there needs to be PW Final Map Standard
clarification to these Conditions of Approval, the
Community Development Director and/or City Engineer
have the authority to clarify the intent of these
Conditions of Approval to the Developer without going
to a public hearing. The Community Development
Director and/or 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 project.
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CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
12. Hold Harmless. The Developer shall defend, PW Final Map Standard
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.
13. Improvements. The improvements shall be constructed PW Final Map Standard
generally as shown on the Tentative Map. However, the
approval of the Tentative Map is not an approval of the
specific design of the drainage, sanitary sewer, water,
and street improvements.
14. DSRSD Requirements. The Developer shall construct PW Final Map Standard
all water and sanitary sewer facilities required to serve
the project in accordance with DSRSD requirements.
15. Encroachment Permit. The Developer shall obtain an PW On-going Standard
Encroachment Permit from the Public Works
Department for all construction activity within the
public right-of-way of any street where the City has
accepted the improvements. At the discretion of the City
Engineer an encroachment permit for work specifically
included in an Improvement Agreement may not be
required.
16. Grading/Sitework Permit. The Developer shall obtain PW Site grading Standard
a Grading / Sitework Permit from the Public Works
Department for all private grading and site
improvements not included in the Tract Improvement
Agreement.
17. Geotechnical Report. The Developer shall submit a PW Final Map Standard
Geotechnical Report, which includes pavement. sections
and gradingxecommendations
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CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
18. Improvement Plans. The Developer will be responsible PW Final Map Standard
for submittals and reviews to obtain the approvals of all
participating non-City agencies. The Alameda County
Fire Department and the Dublin San Ramon Services
District shall approve and sign the Improvement Plans.
19. Notice of Intent. Prior to any clearing or grading, the PW Prior to Standard
Developer shall provide the City evidence that a Notice grading
of Intent (NOI) has been sent to the California State
Water Resources Control Board per the requirements of
the NPDES. A copy of the Storm Water Pollution
Prevention Plan (SWPPP) shall be provided to the
Public Works Department and be kept at the
construction site. The Developer is responsible for
ensuring that all contractors implement all storm water
pollution prevention measures in the SWPPP.
20. Construction Hours. Construction activities shall be PW On-going Standard
limited to Monday through Friday, and non-City
holidays, between the hours of 7:30 a.m. and 5:30 p.m.
except as otherwise approved by the City Engineer.
21. Archaeological Materials. If archaeological materials PW/PL On-going Standard
are encountered during construction, construction within
100 feet of these materials shall be halted until a
professional Archaeologist who is certified by the
Society of California Archaeology (SCA) or the Society
of Professional Archaeology (SOPA) has had an
opportunity to evaluate the significance of the find and
suggest appropriate mitigation measures.
22. Storm Water Treatment Measure Maintenance. The PW Prior to Standard
Developer shall enter into an agreement with the City of return of
Dublin that guarantees the perpetual maintenance Surety
obligation for all storm water treatment measures
installed as part of the project. Said agreement is
required pursuant to Provision C.3.e.ii of RWQCB
Order R2-2003-0021 for the issuance of the Alameda
Countywide NPDES municipal storm water permit.
Said permit requires the City to provide verification and
assurance that all treatment devices will be properly
operated and maintained.
23. Digital Vectorized File. The Developer shall provide PW Prior to Standard
the Public Works Department a digital vectorized file of return of
the "master" files for the project when the Final Map Surety
has. been,appmved.•..The digital vectorized files shall be
in AutoCAD 2000 DWG or higher drawing format.
Page 6 of 7
CONDITION TEXT RESPON.
AGENCY WHEN
REQ'D
Prior to: SOURCE
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.
24. Contingent Approval. Approval of Vesting Tentative PL Upon Standard
Tract Map 8016 is contingent upon Annexation into the Annexation
City of Dublin, approval of General Plan and Specific
Plan Amendments, and adoption of the PD Prezone with
a related Stage 1 and Stage 2 adoption and adopted
MND.
PASSED, APPROVED and ADOPTED this 10`h day of November, 2009.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Planning Manager
Planning Commission Chairperson
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