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HomeMy WebLinkAbout8.1 Att 7 Exh A CC Reso Parcel Map 10365 RESOLUTION NO. XX-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * APPROVING VESTING TENTATIVE PARCEL MAP 10365 FOR THE GRAFTON PLAZA SITE (APN 985-0061-010) PLPA 2015-00048 WHEREAS, Martin Indertizen, on behalf of the property owner, has requested approval of Vesting Tentative Parcel Map 10365 to subdivide ±12.23 acres consistent with a Planned Development rezoning with related Stage 2 Development Plan for the development of mixed use retail, hotel, and residential uses (115 units) for a total of approximately 337,349 square feet. • The proposed development and applications are collectively known as Grafton Plaza (the "Project"); and WHEREAS, the project site is located at the southeast corner of Dublin Boulevard and Grafton Street in the Eastern Dublin Specific Plan area; and WHEREAS, the proposed subdivision of the ±12.23 acre parcel results in three parcels as follows: Parcel 1 = ±6.55 acres, Parcel 2 = ±2.00 acres, and Parcel 3 = ±3.68 acres; 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 Parcel Map is acted upon, and a Parcel • Map is approved consistent with the Subdivision Map Act and City of Dublin Subdivision Regulations; and WHEREAS, Section 66426 of the Subdivision Map Act states that a Tentative Parcel Map is required when the parcels are created for a commercial and/or residential development of 4 lots or less; and WHEREAS, a complete application for Vesting Tentative Parcel Map 10365 is on file in the Community Development Department, Planning Division; and WHEREAS, the Zoning Administrator held a public hearing on October 7, 2015 and approved the Vesting Tentative Parcel Map (Resolution 15-03). An appeal was filed on October 15, 2015 by Mr. Abe Gupta. Subsequently, on November 3, 2015, Martin lnderbitzen on behalf of his client S and V LLC, withdrew the application. Mr. lnderbitzen re-submitted the application for the Vesting Tentative Parcel Map so that it could be considered by the Planning Commission and City Council with the other applications for Grafton Plaza ; and WHEREAS, the California Environmental Quality Act (CEQA), together with State CEQA Guidelines and City Environmental Regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, the project site has been addressed in three prior CEQA reviews, the Eastern Dublin EIR (SCH 91103064), the Area H Mitigated Negative Declaration (SCH 1 EXHIBIT A TO ATTACHMENT 7 99112042), and most recently, a 2010 Mitigated Negative Declaration. The 2010 MND was prepared in connection with approvals for a mixed use project on the site, including the current Planned Development zoning with related Stage 1 Development Plan. The proposed project is consistent with the development analyzed in the prior documents and the 2010 approvals and no further environmental review is required; WHEREAS, Staff reviewed the current project against the prior CEQA reviews and related approvals to determine if any further analysis is required. The project is consistent with the 2010 approvals and the development assumed in the prior EIR and MNDs, and is subject to all previously adopted mitigation measures, as applicable. Based on Staff's review, the City has determined that no further environmental review is required since: a) no new significant impacts were identified beyond those in the prior CEQA reviews; b) the proposed subdivision would not cause the original project to exceed the thresholds identified in previous environmental analyses for this development site; and c) the environmental impacts of this subdivision project were fully addressed and within the scope of the previous environmental documentation and analyses, including the EIR and two MNDs; and WHEREAS, on February 9, 2016, the Planning Commission adopted Resolution 16-XX recommending that the City Council approve Vesting Tentative Parcel Map 10365 based on the findings and conditions of approval contained herein, which resolution is incorporated herein by reference; and WHEREAS, on , 2016, the City Council held a properly noticed public hearing on the Project, including the proposed Vesting Tentative Parcel Map 10365, Planned a Development rezoning with related Stage 2 Development Plan, two separate Site Development Review Permits for hotel and residential uses, and Vesting Tentative Map 8293 for 115 condominium units, at which time all interested parties had the opportunity to be heard; and WHERERAS, on , 2016, the City Council adopted an Ordinance approving a Planned Development rezoning with related Stage 2 Development Plan; and WHEREAS. a Staff Report for the City Council, dated , 2016 and incorporated herein by reference, described and analyzed the Project, including Vesting Tentative Parcel Map 10365; and WHEREAS, the City Council did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project. 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 that the City Council of the City of Dublin hereby makes the following findings and determinations regarding the proposed Vesting Tentative Parcel Map 10365 for the 12.23 acre Grafton Plaza site: A. Vesting Tentative Parcel Map 10365 is consistent with the intent of applicable subdivision regulations and related ordinances. B. The design or improvements of Vesting Tentative Parcel Map 10365 is consistent with the City's General Plan policies as they apply to the subject 2 property in that it is a subdivision to create three parcels on a vacant, rough- graded site with some perimeter public improvements and would facilitate future mixed use development under the Mixed Use 2/Campus Office land use designation. C. Vesting Tentative Parcel Map 10365 is consistent with the Eastern Dublin Specific Plan and existing Planned Development Zoning Stage 1 Development Plan; it is also consistent with the Planned Development Zoning with related Stage 2 Development Plan approved for the site on , 2016 through Ordinance , which ordinance is incorporated herein by reference. D. The Project Site is ±12.23 acres of relatively flat topography located adjacent to Dublin Boulevard, which currently is improved, and therefore is physically suitable for the type and density of development of the permitted uses. E. Vesting Tentative Parcel Map 10365 will not cause environmental damage or substantially injure fish or wildlife or their habitat, or cause public health concerns because any future development of the site would be subject to all previously adopted mitigation measures from the prior EIR and MNDs related to biological resources. Also, the project site is not on the Cortese list. F. The design of Vesting Tentative Parcel Map 10365 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 Vesting Tentative Parcel Map 10365 and title report and has not found any conflicting easements of this nature. BE IT FURTHER RESOLVED that the City Council of City of Dublin does hereby approve Vesting Tentative Parcel Map 10365 for the Grafton Plaza site, to subdivide ±12.23 acres of land into three parcels, as shown on the project plans prepared by Mackay & Somps, dated received on January 21 , 2016, and incorporated herein by reference and attached as Exhibit A subject to the following Conditions of Approval: CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with prior to approval of parcel map, and shall be subject to Planning Division review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [PL] Planning; [B] Building; [PO] Police; [PW] Public Works; [ADM] Administration/City Attorney; [FIN] Finance; [PCS] Parks and Community Services; [F] Dublin Fire Prevention; [DSR] Dublin San Ramon Services District; [LOO] Livermore Dublin Disposal; [CO] Alameda County Department of Environmental Health; [Zone 7] Alameda County Flood Control and Water Conservation District, Zone 7; [LAVTA] Livermore Amador Valley Transit Authority; and CHS California Department of Health Services. 3 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: PLANNING 1. An adopted Planned Development Rezone with PL Development Planning a related Stage 2 Development Plan that addresses all parcels created by this map is required prior to development of any parcel created by this map. PUBLIC WORKS — PROJECT SPECIFIC CONDITIONS 2. Deferral of Frontage Improvements. Pursuant PW Parcel Map Public to Section 66411 .1 of the Subdivision Map Act, Works installation of frontage improvements (including bus stop relocation) required in the conditions below may be deferred until such time that a permit or other grant of approval for development on any of the parcels created is issued by the City. If the owner chooses to defer such improvements, a Deferred Improvement Statement shall clearly be included on the first sheet of the Parcel Map. 3. Dublin Boulevard. The Applicant shall install PW Parcel Map or Public an eight foot (8') wide sidewalk and ten foot (10') Issuance of Works wide (inclusive of curb) landscape strip along the Permit or Grant Dublin Boulevard frontage of Parcel 3, within the of Approval for existing Dublin Boulevard right-of-way and Development of extending from the common property line Parcel 1 between Parcel 1 and Parcel 3 to the existing curb ramp at the southeast return of Dublin Boulevard and Grafton Street. 4. Dublin Boulevard Bus Stop Relocation. The PW Parcel Map Public Applicant shall relocate the existing bus stop Works pullout and bus shelter along the Dublin Boulevard frontage of Parcel 3 westerly along said frontage to a location to be approved by the City Engineer. Applicant shall install the bus shelter, including appropriate lighting, per the requirements of LAVTA and the City of Dublin. The bus shelter shall be fitted with electricity for lighting. 5. Dublin Boulevard Dedication. An additional PW Parcel Map Public two feet (2') of right of way shall be provided for Works a length of at least twenty feet (20') at the relocated bus stop on Dublin Boulevard to 4 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: accommodate the bus shelter. The additional right-of-way shall be delineated and dedicated on the Final Parcel Map. 6. Maintenance of Grafton Street — Agreement PW Parcel Map Public Amongst Tenants. The Applicant shall establish Works a mechanism or cause any existing mechanism to be amended as needed due to the creation of additional parcels fronting Grafton Street to ensure that there are adequate provisions for the maintenance in good repair and on a regular basis, of the landscaping, drainage, lighting, signs, pavement and other common improvements along private section of Grafton Street. The Applicant shall submit a copy of the new or amended mechanism to the City for review and approval pursuant to this condition. 7. Public Service Easement. A 5' wide Public PW Parcel Map Public Service Easement shall be dedicated along the Works map's entire Dublin Boulevard and Grafton Street frontages to allow for the proper placement of public utility vaults, boxes, appurtenances or similar items behind the back- of-sidewalk. Private improvements such as steps, fences, gates or trellises shall not be located within the public service easement. PUBLIC WORKS STANDARD CONDITIONS OF APPROVAL 8. Developer shall comply with the City of Dublin PW Ongoing Standard Public Works Standard Conditions of Approval Condition contained below ("Standard Condition") unless specifically modified by Project Specific Conditions of Approval above. 9. The Developer shall comply with the Subdivision PW Ongoing Standard Map Act and the City of Dublin Subdivision Condition Ordinance in effect at the time of the filing of the Final Parcel Map. 10. The Developer shall defend, indemnify, and hold PW Ongoing Standard harmless the City of Dublin and its agents, Condition 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, 5 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City related to the 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. 11. In the event that there needs to be clarification to PW Ongoing Standard these Conditions of Approval, the Director of Condition 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 impacts of this project. 12. If there are conflicts between the Tentative Map PW Ongoing Standard approval and the SDR approval pertaining to Condition mapping or public improvements the Tentative Map shall take precedent. PERMITS 13. Developer shall obtain an Encroachment Permit PW Prior to Start of Standard from the Public Works Department for all Work Within Condition construction activity within the public right-of-way Public Right of of any street where the City has accepted the Way improvements. The encroachment permit may require surety for slurry seal and restriping. At the discretion of the City Engineer an encroachment for work specifically included in an Improvement Agreement may not be required. 14. Developer shall obtain all permits required by PW Prior to Start of Standard other agencies including, but not limited to 6 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: Alameda County Flood Control and Water Work Condition Conservation District Zone 7, California Department of Fish and Game, Army Corps of Engineers, Regional Water Quality Control Board, Caltrans and provide copies of the permits to the Public Works Department. SUBMITTALS 15. The Developer will be responsible for submittals PW Approval of Standard and reviews to obtain the approvals of all Final Parcel Condition participating non-City agencies. Map 16. Developer shall provide the Public Works PW Approval of Standard Department a digital vectorized file of the Final Parcel Condition "master" files for the project when the Final Map 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 California State Plane, Zone Ill, and U.S. foot. PARCEL MAP 17. All rights-of-way and easement dedications PW Approval of Standard required by the Tentative Map shall be shown on Final Parcel Condition the Parcel Map Map EASEMENTS 18. The Developer shall obtain abandonment from PW Approval of Standard all applicable public agencies of existing Final Parcel Condition easements and right-of-ways that will no longer Map be used, if any. PASSED, APPROVED, AND ADOPTED this day of . 2016 by the following vote: AYES: 7 NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:IPA120151PLPA-2015-00048 Grafton Plaza\PC Mtg 2.9.16 PD Rez Tmap SDRIAttorney commentslcc reso approving grafton plaza vtpm.docx 8