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HomeMy WebLinkAbout08-19-1991 Item 8.3 91-048 EneaPropertiesSubdivCUPTO: FROM: PREPARED BY: SUBJECT: CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: August 19, 1991 Planning Commission Planning Staff ~ David Choy, Associate Planner ~'/ ~ PA 91-048 Enea Properties Subdivision/Conditional Use Permit at 6665- 6690 Amador Plaza Road GENERAL INFORMATION: PROJECT: APPLICANT: PROPERTY OWNER: LOCATION: ASSESSOR PARCEL: PARCEL SIZE: GENERAL PLAN DESIGNATION: DOWNTOWN SPECIFIC PLAN DESIGNATION: EXISTING ZONING AND LAND USE: Request for approval of tentative Parcel Map 6179 to allow the division of an existing, improved 4.5+ acre parcel into two separate parcels (Lot--l=3.4 Acres, Lot 2=1.1 Acres) and a Conditional Use Permit request to allow minor modifications to the existing Planned Development General Provisions at 6665-6690 Amador Plaza Road. Ron Archer 4133 Mohr Avenue, Suite E Pleasanton, CA 94566 Robert Enea, Enea Properties 6670 Amador Plaza road Dublin, CA 94568 6665-6690 Amador Plaza Road 941-1500-41-2 4.5+ Acres Retail/Office and Automotive Development Zone 4 - Planned Mixed Uses PD, Planned Development/Office Complex ITEM NO. ~-~ COPIES TO: Applicant Owner Address File PAGE, / ~F/ SURROUNDING LAND USE AND ZONING: North: South: East: West: PD, Planned Development/Retail Center Alameda County Flood Control Channel and 1-580 PD, Planned Development/Vacant C-2, General Commercial/Service and Automotive Service Shops. ZONING HISTORY: S-783: 1464 Z .U.: On October 22, 1980, the Alameda County Planning Director approved a Site Development Review Application for the location of six office buildings on approximately 2.75 acres of an approximate 23.49 acre parcel. Four of the six buildings were constructed, one of which has since burned down. On April 2, 1981, the Alameda County Board of Supervisors approved Ordinance No. 81-26 rezoning an approximate 23.49 acre parcel from the C-2, General Commercial District to a PD, Planned Development, allowing C-O uses, and some C-1 uses, subject to the C-0 District regulations. APPLICABLE REGULATIONS: Section 8-31.18 states if a proposed structure, facility or land use not indicated on a Land Use and Development Plan approved by the City Council does not materially change the provisions of the approved Land Use and development Plan, the structure, facility or land use may be permitted subject to securing a Conditional Use Permit. Section 8-94.0 states that conditional uses must be analyzed to determine: 1) whether or not the use is required by the public need; 2) whether or not the use will be properly related to other land uses, transportation and service facilities in the vicinity; 3) whether or not the use will materially affect the health or safety of persons residing or working in the vicinity; and 4) whether or not the use will be contrary to the specific intent clauses or performance standards established for the district in which it is located. Section 8-1.4(a) states that no real property, or portion thereof, within the City of Dublin shall be divided into two or more parcels for the purpose of sale, lease or financing, whether immediate or future, unless prior thereto a Tentative Map is acted upon and a Final Map or Parcel Map has been filed in accordance with the provisions of this Ordinance. -2- PAGE ~ OF /'~. ENVIRONMENTAL REVIEW: The project has been found to be Categorically Exempt from CEQA under Section 15315, Class 15 of the California Environmental Quality Act guidelines. The proposed project consists of the division of an existing improved parcel into two separate parcels. NOTIFICATION: Public Notice of the August 19, 1991 hearing was published in the local newspaper, mailed to adjacent property owners, and posted in public buildings. ANALYSIS: = The Applicant, Ron Archer, representing Enea Properties, is requesting approval of Tentative Parcel Map 6179 to allow the division of an existing improved 4.5 acre+ parcel into two separate parcels (Lot 1=3.4 Acres, Lot 2=~.1 Acres) and a Conditional Use Permit request for a minor modification to the existing Planned Development General Provisions to allow a minimum lot frontage of twenty-five feet at 6665-6690 Amador Plaza Road. The proposed Tentative Parcel Map 6179 will allow the property owners, Enea Properties, to sell the newly created Lot .. Lot line adjustment will be processe~0ko extend the ~ort~ern boundary~°f Lot 2 approximately ~ ~eet to the north, to provide twenty additional required parking spaces on-site. Parking for both Lot 1 (243 spaces provided, 148 spaces required) and Lot 2 (80 spaces provided, 74 spaces required) will continue to comply with the Parking Regulations within the Zoning Ordinance. With exception of the lot line adjustment, the added parking, and the related perimeter landscaping, no other physical changes to the site are proposed. The existing site possesses two driveways for access onto the site. In order to maintain individual access to each lot, an Emergency Access Easement (EVA) will be recorded. The EVA will extend across the driveway at the northwestern tip of lot 2, and continue southerly across lot 1, to maintain joint access to existing Buildings "B" and "C". Section 8-60.3 of the Zoning Ordinance states that whenever a new building site is hereinafter created by division of an existing Lot, the effective lot frontage of each such new building site shall be equal to one-half of either the required or the actual median lot width thereof, whichever is greater. The Applicant is requesting approval of a Conditional Use Permit to modify the existing Planned Development General Provisions to allow a minimum lot frontage of twenty-five feet. The median lot width of Lot 1 is over 500 feet, requiring an effective lot frontage of approximately 250 feet. The median lot width of Lot 2 is approximately 180 feet, requiring an effective -3- PAGE --~ OF / '~ lot frontage of approximately 90 feet. The existing parcel has an effective lot frontage of approximately 117.5 feet. The location of the existing parcel at the southern terminus of Amador Plaza Road, on a cul-de-sac, has resulted in a deep and wide lot with a comparatively narrow lot frontage. The division of the existing lot proposed by Tentative Parcel Map 6179 should not affect the operation of the existing office complex. Additionally, the proposed minor modification to the Planned Development General Provisions to allow a reduced effective lot frontage of twenty-five feet will not affect ingress or egress to the existing office complex. This project has been reviewed by other City departments and affected agencies and their comments have been incorporated into the Conditions of Approval. Staff recommends approval of the Applicant's request for Tentative Parcel Map 6179 and a Conditional Use Permit subject to the conditions listed in the draft resolutions, Exhibit B and Exhibit C, respectively. RECOMMENDATIONS: FORMAT: ACTION: 1) 2) 3) 4) 5) Open public hearing and hear Staff presentation. Take testimony from Applicant and the public. Question Staff, Applicant and the public. Close public hearing and deliberate. Adopt draft resolutions (Exhibits B and C) relating to PA 91-048, or give Staff and Applicant direction and continue the matter. Staff recommends the Planning Commission adopt the draft resolutions approving the Tentative Map (Exhibit B) and Conditional Use Permit (Exhibit C) relating to PA 91-048. ATTACHMENTS: Exhibit A: Exhibit B: Exhibit C: Project Plans Draft Resolution approving Tentative Parcel Map 6179 Draft Resolution approving Conditional Use Permit Backqround Attachments: Attachment 1: Attachment 2: Attachment 3: Location/Zoning Map Applicant's Written Statement Alameda County Board of Supervisors Ordinance No. 81-26, relating to the 1464th Zoning Unit -4- p^ E'V 'OF .0 :. .~_ .,i. :,, RON ARCHER % TENT&TIYE J4AP OF PARCEL MAP 6179 CITY OF DUBLIN, ALAMt-DA COUNTY CALIYOBNIA. '1 J~,.XHiBJT A RESOLUTION NO. 91 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING TENTATIVE PARCEL MAP 6179 CONCERNING PA 91-048 ENEA PROPERTIES WHEREAS, Ron Archer, on behalf of Enea Properties requests approval of Tentative Parcel Map 6179 allowing the approximate 4.5 acre site to be split into two separate parcels with no change to the existing site layout and a Conditional Use Permit to allow for minor modifications to the approved Planned Development General Provisions (1464th Z.U.) to allow a minimum lot frontage of 25 feet; 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 or Parcel Map is approved consistent with the Subdivision Map Act and City of Dublin subdivision regulations; and WHEREAS, the Planning Commission did hold a public hearing on said application on August 19, 1991; 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 was found to be Categorically Exempt under Section 15315, Class 15; and WHEREAS, the Staff Report was submitted recommending that the Tentative Parcel Map subject to conditions prepared by Staff; 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: 1. Tentative Parcel Map 617~ s consistent with the intent of applicable subdivision regulations and City Zoning and related ordinances. 2. Tentative Parcel Map 6179 is consistent with the City's General Plan as it applies to the subject property. 3. Tentative Parcel Map 6179 will not result in the creation of significant environmental impacts. 4. Tentative Parcel Map 6179 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. EXHIBIT, - 1 - PAGE ~.~._ OF /-~ 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. 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. 7. 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. 8. 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 THAT THE Dublin Planning Commission does hereby approve PA 91-048 Tentative Parcel Map as shown by materials labeled Exhibit A stamped approved and on file with the Dublin Planning Department subject to the related Conditional Use Permit and to the following conditions. CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to recordation of the Parcel 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, [BI Building, [PO] Police, [PW] Public Works, [ADM] Administration, [FIN] Finance, [FI Dougherty Regional Fire Authority, [DSR] Dublin San Ramon Services District, [CO] Alameda County Department of Environmental Health. 1. Except as specifically modified elsewhere in these conditions, development shall generally be consistent with the Tentative Parcel Map 6179 prepared by Ron Archer Civil Engineer, Inc. consisting of one sheet and dated received July 31, 1991 (Exhibit A). [PL, PW] 2. The Applicant shall submit a parking lot striping plan subject to review and approval by the Planning Director. All parking spaces shall be double-striped (four inch stripes set two feet apart). Handicapped, customer, employee and compact parking spaces shall be appropriately identified on the pavement and designated on the parking plan. The location of handicapped parking spaces will be subject to review and approval by the Planning Director. [PA] - 2 - Prior to the recordation of the Parcel Map, a Lot Line Adjustment shall be completed to extend the northern boundary of Lot 2 approximately ~0 feet~ north. [PW, PL] All on-site improvements proposed on Lot 2 shall be completed prior to recordation of the Parcel Map. [PW] Dedications and Public Improvements: 5. An encroachment permit shall be obtained for any work in the public right-of-way. [PW] 6. Any relocation of improvements or public facilities shall be accomplished at the Developer's expense and at no expense to the City. [PW] 7. 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] Dust Areas undergoing grading, and all other construction activities, shall be watered, or other dust-pallative measures used to prevent dust, as conditions warrant. [PW] Dust control measures, as approved by the City Engineer, shall be followed at all times during grading and construction operations. [PW] Easements 10. The proposed 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 for all areas. [PW] Gradinq 11. 12. The minimum uniform street gradient shall be 1.0 percent. Parking lots shall have a minimum gradient of 1.0 percent, and a maximum gradient of 5.0 percent. No cut or fill slopes shall exceed 2:1, unless approved by the project's Soils Engineer and reviewed and approved by the Public Works Director/City Engineer. Slopes shall be graded so that there is both horizontal and vertical slope variation, where visible from public areas, in order to create or maintain a natural appearance. [PW] Grading shall be completed in compliance with the construction grading plans and recommendations. [PW] - 3 - PAGE Landscaping and Irrigation Plans 13. A final detailed Landscape and Irrigation Plan (at 1 inch = 20 feet or larger), along with a cost estimate of the work and materials proposed, shall be submitted for review and approval by the Planning Director. Landscape and Irrigation Plans shall be signed by a licensed landscape architect. Final landscape plans shall indicate general plant palette with common and botanical names and container size and growth rate. [PL] 14. Landscaping shall not obstruct the site distance of motorists, pedestrians or bicyclists. Except for trees, landscaping at drive aisle intersections shall not be higher than 30" above the curb. [PL] 15. The Applicant shall complete and submit to the Dublin Planning Department the Standard Plant Material, Irrigation and Maintenance Agreement (attached). [PL] Miscellaneous 16. All grading and construction activity shall be limited to take place between the hours of 7:30 a.m. and 5:30 p.m., Monday through Friday, except as may be approved in advance in writing by the City Engineer. [PW] 17. The developer shall keep adjoining public streets free and clean of project dirt, mud, materials, and debris during the construction period, as is found necessary by the City Engineer. [PW] 18. This approval shall be revocable for cause in accordance with Section 8-90-3 of the Dublin Zoning Ordinance. [PL] 19. The approval of this Tentative Parcel Map shall expire in accordance with the regulations of Section 66452.6 of the Subdivision Map Act. [PW, PL] PASSED, APPROVED AND ADOPTED this 19th day of August, 1991. AYES: NOES: ABSENT: ATTEST: Planning Commission Chairperson Planning Director - 4 - PAGE ~, OF /'~ RESOLUTION NO. 91 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING CONDITIONAL USE PERMIT REQUEST FOR PA 91-048 ENEA PROPERTIES ALLOWING A MINOR MODIFICATION TO THE APPROVED PLANNED DEVELOPMENT GENERAL PROVISIONS WHEREAS, Ron Archer, on behalf of Enea Properties requests approval of Tentative Parcel Map 6179 allowing the approximate 4.5 acre site to be split into two separate parcels with no change to the existing site layout and a Conditional Use Permit to allow modification to the approved Planned Development General Provisions (1464th Z.U.) to allow a minimum lot frontage of 25 feet; and WHEREAS, Section 8-31.18 of the Zoning Ordinance establishes the Conditional Use Permit process as the mechanism to allow consideration of minor modifications to approved Land Use and Development Plans for Planned Development Districts; and WHEREAS, the Planning Commission did hold a public hearing on said application on August 19, 1991; 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 was found to be Categorically Exempt under Section 15315, Class 15; and WHEREAS, the Staff Report was submitted recommending that the application be conditionally approved; 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: A. The proposed use, a minor modificatiOn to the Planned Development General Provisions, serves the public need by permitting the division of an existing property, and subsequent sale of a portion thereof, and offering continued operation of an existing office complex. B. The proposed reduction in effective lot frontage will be properly related to other land uses and transportation and service facilities in the vicinity, as operation of the existing office complex will continue to be compatible with the type and nature of operations typically found in administrative office district areas and the uses currently in operation in the immediate vicinity. EXHIBIT C - 1 - De The proposed reduction in effective lot frontage will not materially adversely affect the health or safety of persons residing or working in the vicinity, or be materially detrimental to the neighborhood, as all applicable regulations will be met. The proposed reduction in effective lot frontage will not be contrary to the specific intent clauses or performance standards established for the District in which it is to be located in that the proposed use is consistent with the character of the surrounding area as well as the administrative office district. The approval of the Conditional Use Permit will be consistent with the Dublin General Plan. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby conditionally approve PA 90-045 Conditional Use Permit application as shown by materials labeled Exhibit A stamped approved and on file with the Dublin Planning Department subject to the approval of the related Tentative Parcel Map 6179 and to the following conditions. CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to recordation of the Parcel Map or establishment of use, and shall be subject to Planning Department review and approval. The followinq codes represent those departments/aqencies responsible for monitorinq compliance of the conditions of approval. [PL] Planning, lB] Building, [PO] Police, [PW] Public Works, [ADM] Administration, [FIN] Finance, [F] Dougherty Regional Fire Authority, [DSR] Dublin San Ramon Services District, [CO] Alameda County Department of Environmental Health. 1. This approval is for the minor modification to the approved Land Use and Development Plan (1464th Z.U.) for this site, allowing a minimum lot frontage of twenty-five feet. [PL] 2. Except as may be specifically modified or elaborated upon by the conditions listed below, operation of uses on-site shall conform to the General Provisions established by Ordinance No. 81-26 of the Alameda County Board of Supervisors (See Attachment 3), approved April 2, 1981, for the 1464th Z.U. [PL] 3. All signs shall be subject to the requirements of the Sign Regulations within the Zoning Ordinance. [PL] 4. The Applicant shall be responsible for clean up and disposal of office complex related trash to maintain a clean and litter free site. [PL] 5. No loudspeakers or outside amplification of music or sound shall be allowed. [PL] - 2 - This approval shall be null and void should the Tentative Parcel Map expire prior to recordation of the Parcel Map. This Conditional Use Permit shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. Any violation of the terms of conditions of this permit shall be subject to citation. [PL] PASSED, APPROVED AND ADOPTED this 19th day of August, 1991. AYES: NOES: ABSENT: ATTEST: Planning Commission Chairperson Planning Director - 3 - SLL si LI.' Il! pAGE'~ OF lION ARCHER CIVIL ENGINEER, INC. CONSULTING · F~LANNING · DESIGN ° SURVEYING 4133 Mohr Ave., Suite E · Pleasanton, CA 94566 (415) 462-9372 RECEIVED AUG - 1991 DUBLIN PLANNING RUG. 6,199~- MR. LARRY TONG, PLANNING DIRECTOR, DUBLIN PLANNING DEPARTMENT, ~.~ v ~. PLAZA, DUBLIN, CA 94568 ATTN: MR. DAVID CHOY, ASSOCIATE PLANNER RE: MINOR SUBDIVISION AND CONDITIONAL USE PERMIT REQUEST BY ENEA PROPERTIES COMPANY ON AMADOR PLAZA ROAD. DEAR MR. TONG: AFTER FURTHER DISCUSSION WITH MR. DAVID CHOY , ASSOCIATE PLANNER , AND PRELIMINARY REVIEW BY YOUR PLANNING STAFF, PLEASE PROCESS A CONDITIONAL USE PERMIT AND TENTATIVE PARCEL MAP ON THE ENEA PROPERTIES APPLICATION TO SUBDIVIDE PARCEL "D" , PARCEL MAP 2922, INTO TWO PARTS AND ADJUST A LOT LINE ADJUSTMENT BETWEEN PARCEL "D" AND PARCEL "E", WHICH WOULD ALSO ALLOW A MINOR MODIFICATION TO THE EXISTING PLANNED DEVELOPMENT REGULATIONS PERMITTING A MINIMUM LOT FRONTAGE OF 25 FEET. IT IS ALSO PROPOSED THAT A PUELIC SERVICE EASEMENT BE CREATED ON THE SUBDIVIDED PROPERTIES FOR INGRESS AND EGRESS, FARKING AND PUBLIC UTILITIES EXCLUDING THE EXISTING BUILDING AREAS. SINCERELY YOURS, RONALD R. ARCHER, RCE 23721 ATTACflMENT Z PAGE / ORDINANCE NO, 81-26 AN ORDINANCE AMENDING CHAPTER 2 OF TITLE 80FTHE ALAMEDA COUNTY ORDINANCE CODE RELATING TO ZONING The Board o! Supervisors of the County of Alameda. State of California. do ordain ss follows: SECTION I Chapter 2 of Title 8 of the Alameda County Ordinance Code is hereby amended In the One parcel containing approximately 23.49 acres located et 7450 Dublin Boulevard. so'th side. across from Amador Plaza Road. Dublin. bearing County Assessor's designation: Map 941. SIock 1500. Pame114-10. as shown on the map rebelled "Exhibit A, 14641h Zoning Unit" on file with the Alameda County Planning Commission at 399 Elmhurst Street. Hayward. California. le hereby rezoned from the C-2 (General Commercial) Diet r[ct to e PD (Planned Development} District allowing C-0 u~es subject to the provisions of that district, and a racquelball club, gymnasium, restsu rant. and other commercial uses allowed by the C-1 (Retail Business) Dts!rlct where such uses e rs determined through Zoning Approval to be of similar intensity to and compatible with C-0 uses. with all uses subject to C-0 District regulations. A map of the Unit I$ as follows: 1/~64t:h Z0NI~I6 UNIT p .- ~,--L---~-.4 ,~_~ DECEHaER 1~]80 O' 275' ' ~.50' SECTION II This Ordinance shall take effect and be In force thirty (30) days from and after the date of Its passage and before the expiration of fifteen (15) days after its passage it shall be published on ce with the names of the members voting for and against the sams tn The. Inter-City Express, a newspaper published In the said County of Alameda. Adopted by the Board of Supervisors of the County of Alameda, State ol California, on April 2, 1981, by the following called vote: AYES: Supervisors Cooper, Excell,.George, Santana and Chairman Bott -- 5, NOES: None. EXCUSED: None. JOSEPH P. BORT, Chairman of the Board of Supervisors of the County of Alameda, State o1 California. ATTEST: WILLIAM MEHRWEIN, Clerk qf fha Board of SuDervlsars ol the . . C~ur~ty of Alameda, State of California, ~ By: WILLIAM MEHRWEIN. .,' 10423.11.--4-10- t t kTTkCHI4F. HT PAGE/ OF