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Home My WebLink AboutReso 005-94 BJComm Tent Map RESOLUTION NO. 5 - 94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING 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 (pot)]; and 3) Tentative Map to divide the existing 7,066 acre parcel [941-550-49 (por)] into 9 separate lots; 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 did adopt Resolution No. 93-037, recommending that the City Council approve the Negative Declaration, Resolution No. 93-038, recommending that the City Council adopt the General Plan Amendment, Resolution No. 93-039 recommending that the City Council approve the Planned Development Rezoning request and Resolution No. 93-040, recommending that the City Council approve the Tentative Map request; and WHEREAS, the City Council did hold a public hearing on said application on January 10, 1994; 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 of Environmental Significance has been adopted (City Council Resolution No. 127 - 93). The project, as proposed, will not have a significant effect on the environment; and WHEREAS, the Staff Report was submitted recommending that the Tentative Map be conditionally approved; and WHEREAS, the City Council did hear and consider all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby find that: Ae Subject to the conditions set forth below, Tentative Map Tract 6644 is consistent with all elements of the City of Dublin General Plan and complies with the provisions of the State Subdivision Map Act and the City of Dublin Subdivision Ordinance. The design of the subdivision or the type of improvements for Tentative Map Tract 6644 are consistent with all elements of the City of Dublin General Plan and complies with the provisions of the State Subdivision Map Act and the City of Dublin Subdivision Ordinance. The site is physically suitable for the type and density of service commercial, retail, office and automotive development proposed in that the site is level, of sufficient size for the proposed development and is adjacent to Dublin Boulevard and Dougherty Road. The design of the subdivision or the type of improvements proposed for Tentative Map Tract 6644 are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat based upon the findings of a Negative Declaration dated October 11, 1993. The design of the subdivision or the type of improvements proposed for Tentative Map Tract 6644 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. The design of the subdivision or the type of improvements proposed for Tentative Map Tract 6644 do not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision, as defined by Section 66474 of the Government Code, State of California. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby approve PA 93-052 BJ Dublin Commercial Tentative Map as shown by materials labeled Exhibit A, stamped approved and on file with the Dublin Planning Department subject to the requirements of the related General Plan Amendment and 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 followinq codes represent those departments/aqencies responsible for monitoring compliance of the conditions of approval. [PL] Planning, [B] Building, [PO] Police, [PW] Public Works, [ADM] Administration/City Attorney, [FIN] Finance, IF] Doughertv 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 ~7.066 acre vacant parcel into nine separate lots. This approval shall generally conform to the plans prepared by Wilsey & Ham, consisting of 4 sheets, dated 2 10. 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] The Applicant shall comply with all applicable City of Dublin Typical Public Works Conditions of Approval for Subdivisions. (see Attachment F-i). [PL, PW, B] 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 F-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 Self Storage 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] 3 11. All 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 toany construction, an encroachment permit must be obtained from Zone 7. [CO] 12. All 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. [Zone 7] 13. 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] 14. This approval shall be revocable for cause in accordance with Section 8-90-3 of the Dublin Zoning Ordinance. [PL] 15. The approval of this Tentative Map shall expire in accordance with the regulations of Section 66452.6 of the Subdivision Map Act. [PW, PL] 16. 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 of the Final Map may be modified to accommodate the new parcel configuration. [PW, PL] 17. 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. [PL, PW, ADM] PASSED, APPROVED AND ADOPTED this 10th day of January, 1994. AYES: Councilmembers Burton, Howard, Moffattand Mayor Snyder NOES: None ABSENT: None ABSTAIN: Councilmember Houston ATTEST: