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Home My WebLink AboutPC Reso 93-40 PA93-052 BJ Dublin TM RESOLUTION NO. 93 - 040 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING APPROVAL OF PA 93-052 BJ DUBLIN COMMERCIAL TENTATIVE MAP TRACT 6644 TO DIVIDE AN EXISTING ~7.1 ACRE VACANT PARCEL INTO NINE SEPARATE LOTS WHEREAS, The J. Patrick Land Company (Applicant), representing BJ Dublin Commercial, a California Limited Partnership, is requesting approval of 1) a General Plan Amendment for five parcels [941-550-49 (por), 9-17, 10-17, 10-11 (por) and 12-7 (por)] located near the corner of Dougherty Road and Dublin Boulevard; 2) Planned Development Rezoning to establish General Provisions and Development Regulations for the existing 7.066 acre parcel (941-550-49 portion) and potentially including the addition of two City of Dublin remnant parcels [941-550-10-11 (por) and 12-7 (por)]; and 3) Tentative Map to divide the existing 7.066 acre parcel (941-550-49 portion) into 9 separate lots and potentially including the addition of two City of Dublin remnant parcels [941-550-10-11 (por) and 12-7 (por)]; and WHEREAS, the State of California Subdivision Map Act and the adopted City of Dublin Subdivision Ordinance 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 or Parcel Map is approved consistent with the Subdivision Map Act and city of Dublin Subdivision Ordinance; and WHEREAS, the Planning Commission did hold a public hearing on said application on November 1, 1993; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and a Negative Declaration has been prepared for this project as it will not have a significant effect on the environment; and WHEREAS, the Staff Report was submitted recommending the Planning Commission recommend City Council approval of the application; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: Ae Subject to the conditions set forth below, Tentative Map Tract 6644 is consistent with the intent of applicable subdivision regulations and City zoning and related ordinances. Tentative Map Tract 6644 is consistent with the City's General Plan as it applies to the subject property. Ce Tentative Map Tract 6644 will not result in the creation of significant environmental impacts. De Tentative Map Tract 6644 will not have substantial adverse effects on health or safety or be substantially detrimental to the public welfare, or be injurious to property or public improvements. Ee The site is physically suitable for the development in that the site is indicated to be geologically satisfactory for the type and density of development proposed in locations as shown. Fe The request is appropriate for the subject property in terms of being compatible to existing land uses in the area and will not overburden public services. General site considerations, including unit layout, open space, topography, orientation and the location of buildings, vehicular access, circulation and parking, setbacks and similar elements have been designated to provide a desirable environment for the development. This project will not cause serious public health problems in that all necessary utilities are available and Zoning, Building and Subdivision Ordinances control the type of development and the operation of the uses to prevent health problems after development. NOW, THEREFORE, BE IT RESOLVED TF~%T THE Dublin Planning Commission does hereby recommend that the City Council approve PA 93-052 BJ Dublin Commercial Tentative Map Tract 6644 as shown by materials labeled Exhibit A stamped approved and on file with the Dublin Planning Department subject to the related General Plan Amendment, PD Rezoning and subject to the following conditions. CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to recordation of the Final Map, and shall be subject to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitorinq compliance of the Conditions of approval. [PL] Planning, lB] Building, [PO] Police, [PW] Public Works, [ADM] Administration/City Attorney, [FIN] Finance, IF] Dougherty Regional Fire Authority, [DSR] Dublin San Ramon Services District, [CO] Alameda County Flood Control & Water Conservation District (Zone 7). PA 93-052 BJ Dublin Commercial Tentative Map Tract 6644 is approved to divide an existing ~7.1 acre vacant parcel into nine separate lots. This approval shall generally conform to the plans prepared by Wilsey & Ham, consisting of 4 sheets, dated received by the Planning Department on October 25, 1993, and the plan prepared by Banducci Associates Architects, consisting of 1 sheet, dated received by the Planning Department on August 27, 1993, labeled Exhibit A, stamped approved and on file. [PL, PW] 2a. The Applicant shall comply with all applicable City of Dublin Typical Public Works Conditions of Approval for Subdivisions. (see Attachment E-i). [PL, PW, B] - 2 - 2b. 10. Should the Applicant wish to defer compliance with Conditions No. 2.b., 6, 37, 40 and 50 of City of Dublin Typical Public Works Conditions of Approval for Subdivisions (Attachment E-i), a base vehicular access and landscaping plan shall be prepared, subject to review and approval of the Public Works Director and the Planning Director, prior to the recordation of the Final Map. Improvements on the base vehicular access and landscaping plan shall be completed prior to the issuance of the first building permit for the site. [PW, PL] An Emergency Vehicle Access (EVA) easement shall be submitted for review and approval by the City Engineer prior to Parcel Map approval. This EVA shall allow for practical emergency vehicular access from the Allsafe project to the north, to Dublin Boulevard, across the eastern portion of Lot 9. [PW] An irrevocable Common Access and Public Utility Easement, in a form approved by the City Attorney, shall be recorded across Lots 1 and 3, which provides vehicular ingress and egress from Dougherty Road and Dublin Boulevard for Lot 2. [PL, ADM, PW] A Common Access Easement, in a form approved by the city Attorney, shall be recorded along the eastern border of Lot 1 and/or along the western border of Lot 2 to ensure adequate vehicular ingress and egress. Location and form of said easement shall be subject to review and approval of the Public Works Director. [PL, PW] In addition to the existing PG&E and Zone 7 easements, a 15 foot wide water line easement located along the eastern property line of Lot 9 shall be dedicated to the Dublin San Ramon Services District (DSRSD). [DSR] Prior to issuance of individual building permits, if water and sewer services are to be provided to each lot, the Applicant is required to provide individual metered connections for each lot or building off of the existing 12" water line located in Dublin Boulevard, subject to review and approval of DSRSD. [DSR] The Applicant shall provide an easement for sewer line construction and maintenance purposes for the branch sewer system proposed through the parking lot, subject to review and approval of DSRSD. [DSR] Prior to the issuance of individual building permits for each lot, the Applicant shall be required to pay all applicable sewer and water connection fees and other permit, plan review and inspection fees as determined by DSRSD. [DSR] Ail buildings, structures and trees shall be located outside of, and shall not impede access to the existing 15-foot ACFC&WCD easement running parallel to the eastern property line. Zone 7 has a 24-inch steel waterline within this easement, which must remain under a minimum of three feet of cover. Prior to any construction, an encroachment permit must me obtained from Zone 7. [CO] - 3 - 11. Ail known wells without a documented intent of future use, filed with Zone 7, shall be destroyed prior to any construction, in accordance with a well destruction permit obtained from Zone 7. 12. Any damage incurred to the public improvements throughout the project, prior to completion and/or acceptance by the Public Works Director shall be the responsibility of the Developer. [pw] 13. This approval shall be revocable for cause in accordance with Section 8-90-3 of the Dublin Zoning Ordinance. [PL] 14. The approval of this Tentative Map shall expire in accordance with the regulations of Section 66452.6 of the Subdivision Map Act. [PW, PL] 15. If one or both of the City of Dublin remnant parcels [APN 941- 550-10-11 (por) and 12-7 (por)] are acquired by the Subdivider, Lots 1 and 2 may be modified to accommodate the new parcel configuration. [PW, PL] 16. Prior to recordation of the Final Map, a Commercial Property Owners Association shall be established to the satisfaction of the City Attorney, Planning Director and Public Works Director. Said Association shall incorporate and enforce the CC&R's and the provisions of the Planned Development Rezone. PASSED, APPROVED AND ADOPTED this 1st day of November, 1993. AYES: Commissioners Burnham, Downey, North, Rafanelli and Zika NOES: None ABSENT: None ATTEST: 'Planning Commissi6~n Chairperson anning Dire~ - 4 -