HomeMy WebLinkAboutAttach 2 Reso Appv Parcel MapRESOLUTION NO. 04 -
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING TENTATIVE PARCEL MAP 8407 FOR ROBERT ENEA OFFICE AND RETAIL
CENTERS LOCATED AT 7197 VILLAGE PARKWAY, PA 03-069
WHEREAS, Robert Enea for Enea Properties Company LLC, has requested approval of Tentative
Parcel Map 8407 to divide 1.017 acres located at the southeast comer of Village Parkway and Amador
Valley Boulevard within the Village Parkway Specific Plan area; 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 is approved consistent
with the Subdivision Map Act and City of Dublin Subdivision Regulations; and
WHEREAS, a complete application for the project is available and on file in the Dublin Planning
Department; and
WHEREAS, the Alameda County Environmental Protection Division has issued a closure letter
dated March 11, 2002, for clean up completed at the site, which was a former gasoline station, and
Clayton Group Services, Inc., has issued conclusions and recommendations found in the Phase I
Environmental Assessment Report, dated May 30, 2003; and
WHEREAS, The proposed project area was previously analyzed in the Village Parkway Specific
Plan, which was adopted in 2000 and an Initial Study/Negative Declaration was prepared, also adopted in
2000. The City of Dublin has reviewed the project specific impacts of the proposed development. The
project is within the scope of the Village Parkway Specific Plan and Initial Study/Mitigated Negative
Declaration, PA 99-054, as the Specific Plan anticipated land uses for the site such as the
retail/commercial and office uses proposed; and
WHEREAS, a Tentative Parcel Map has been submitted to the City as required by Chapter 9.08 of
the Dublin Municipal Code, and
WHEREAS, the Community Development Director did designate the Planning Commission as the
advisory agency pursuant to Section 9.04.040; and
WHEREAS, the Planning Commission did hold a public hearing on said application on May 11,
2004; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law; and
WHEREAS, a Staff Report was submitted recommending the Planning Commission approve the
Tentative Parcel Map subject to conditions prepared by Staff; and
WHEREAS, the Planning Commission did hear and use its independent judgment and considered
all said reports, recommendations and testimony hereinabove set forth.
ATTACHMENT 2
NOW, THEREFORE, BE IT RESOLVED THAT THE City of Dublin Community Development
Director does hereby find that:
Tentative Parcel Map 8407 is consistent with the Subdivision Map Act and all other applicable
subdivision regulations and related ordinances.
The design and improvements of Tentative Parcel Map 8407 is consistent with the Village
Parkway Specific Plan/General Plan polices as they relate to the subject property in that it is a
subdivision for implementation of a retail and office project in an area designated for this type
of development.
Tentative Parcel Map 8407 is consistent with the Planned Development District and consistent
with the development proposed for the site as PA 03-069 and is, therefore, consistent with the
City of Dublin Zoning Ordinance.
The project site is located adjacent to major roads, including Village Parkway, Amador Valley
Boulevard, and Dublin Boulevard, on approximately 1.02 acres of land with relatively flat
topography and is therefore physically suitable for the type and intensity of retail and office
development proposed.
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With the incorporation of Conditions of Approval contained herein, the design of the parcel
map will not cause environmental damage or substantially injure fish or wildlife of their
habitat or cause public health concerns.
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The design of the subdivision will not conflict with easements, acquired by the public at large,
or existing access through or use of the 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.
NOW, THEREFORE BE IT FURTHER RESOLVED THAT THE City of Dublin Community
Development Director hereby conditionally approves Tentative Parcel Map 8407 to subdivide 1.017 acres
into two parcels (Parcel A: 15,385 square feet, Parcel B: 28,931 square feet). This approval shall conform
generally to: the Tentative Parcel Map 8407 prepared by Debolt Civil Engineering, Inc., dated received on
April 16, 2004 labeled Exhibit A consisting of one (1) sheet stamped approved except as specifically
modified by the Conditions of Approval contained below.
CONDITIONS OF APPROVAL
Unless otherwise stated, all Conditions of Approval shall be complied with prior to final occupancy of any
building and shall be subject to Planning Department review and approval. The following codes represent
those departments/agencies responsible for monitoring compliance with the Conditions of Approval: [PL]
Planning, [PO] Police, [PW] Public Works, [ADM] administration, [FIN] Finance, [PCS] Parks and
Community Services. [F] Alameda County Fire Department, [DSR] Dublin San Ramon Services District,
[CO] Alameda County Flood Control and Water Conservation District Zone 7.
1. I Substantial Conformance. The Final Parcel Map I PW
[Approval I Standard
shall be substantially in conformance with of final
Tentative Parcel Map 8407 unless otherwise map
modified by the conditions contained herein.
2. Tentative Parcel Map Expiration. The approval PW Approval Standard
of this Tentative Parcel Map shall be effective for of Final
two and one-half years, as set forth in the Dublin Map
Municipal Code and in the regulations of Section
66452.6 of the Subdivision Map Act, unless
extended pursuant to the Subdivision Map Act and
local map regulations consistent with the
Subdivision Map Act.
3. Previous Site Development Review Approval. PL Approval Standard
Any development of the properties within the of Final
boundary of the Tentative Parcel Map is subject to Map
the requirements and restrictions of Planning
Commission Resolution 04- approving a
Conditional Use Permit and Site Development
Review for PA 03-069 (Enea Office and Retail
Centers) adopted on May 11, 2004.
4. Tentative Parcel Map 8407. The PW Prior to Standard
Applicant/Developer shall prepare Final Map(s) approval
subdividing the property into the configuration, size of final
and number of lots shown on the Tentative Parcel Parcel
Map 8407 in accordance with the requirements of Map
the Subdivision Map Act and City of Dublin
standards. The map shall be reviewed and
approved by the City Engineer/Public Works
Director prior to recordation.
5. Improvement Agreement and Security. Pursuant PW Prior to Standard
to §7.16.620 of the Municipal Code and approval
Subdivision Map Act §66499, the of final
Applicant/Developer shall enter into an Parcel
Improvement Agreement with the City concurrent Map
with Final Parcel Map approval to guarantee
required public and site improvements.
Improvement Security must be posted to guarantee
the faithful performance of the required
improvements and the payment for labor and
materials. Such Security shall be in the form of
cash, a certified or cashier's check, a letter of credit,
or surety bonds executed by the
Applicant/Developer and by a corporate surety
authorized to do business in California. The
amount of the Security guaranteeing faithful
performance shall be 100% of the estimated cost of
the required work. The amount of the Security
guaranteeing the payment for labor and materials
shall be 100% of the estimated cost of the required
work. The Applicant/Developer shall provide an
estimate of these costs for approval by the City
Engineer/Public Works Director with the first
submittal of the final map and improvement plans
for checking.
6. Tentative Map Expiration. The Tentative Map PW/PL On-going Standard
shall have that life determined by the Subdivision
Map Act, including but not limited to Section
66452.6, and as set forth in the Dublin Municipal
Code, unless otherwise stipulated in the
Development Agreement.
7. Title Report. A current preliminary title report PW Prior to Standard
together with copies of all recorded easements and approval
other encumbrances and copies of Final Maps for of final
adjoining properties and off-site easements shall be Parcel
submitted for reference as reasonably deemed Map
necessary by the City Engineer/Public Works
Director during review of the final map.
8. Covenants, Conditions and Restrictions PW Prior to Standard
(CC&Rs). An Association shall be formed by approval
recordation of a declaration of Covenants, of final
Conditions, and Restrictions to govern use and Parcel
maintenance of common areas and facilities. Said Map
declaration shall set forth the name of the
association, ownership of the private access roads,
the restrictions on the use or enjoyment of any
portion of the access roads for maintenance and/or
access, and the bylaws, rules and regulations of the
Association. Prior to recordation, said CC&R
document shall be reviewed by the City for
compliance with this Condition. The requirement
below shall be included in the project CC&Rs. The
CC&Rs shall address the following:
1. Maintenance of the private access roads, any
common utilities, and any common areas. The
CC&Rs shall ensure that there is adequate
provision for the maintenance, in good repair
and on a regular basis, of all commonly owned
facilities. In the event that any area falls into a
state of disrepair or fails to meet the
Performance Standards established by the
CC&R's, the City will have the right but not
the obligation to take corrective measures and
bill the Association for the cost of such repair
and corrective maintenance work plus City
overhead. The Declaration shall specify that, as
it pertains to the maintenance of the above-
listed items, it cannot be amended without the
consent of the City.
9. Easement Dedications. Applicant/Developer shall PW Dedicate Standard
dedicate easements on the final map or by separate on Parcel
instrument as follows: Map
a. Private ingress/egress easement across the
drive aisles and pedestrian walkways that
flank the office building on Parcel B for the
benefit of Parcel A.
b. Public emergency vehicle access easement
(20'-minimum width) granted to the City of
Dublin at locations dictated by the Fire
Marshal.
c. Any other easements deemed reasonably
necessary by the City Engineer/Public Works
Director during final design and/or
construction.
d. Provide a 6' Public Service Easement (PSE)
along the frontage
Provide private utility easement for storm drain,
electrical, and any other common utilities being
shared by both parcels.
10. Parkland Dedication. The developer shall pay PW Prior to Standard
Public Facilities Fees in the amounts and at the approval
times set forth in City of Dublin Resolution No. 60- of final
99, adopted by the City Council on April 6, 1999, Parcel
or in the amounts and at the times set forth in any Map
resolution revising the amount of the Public
Facilities Fee, as implemented by the
Administrative Guidelines adopted by Resolution
195-99.
11. Street Trees and Landscaping. 24" box-sized PL, PW Prior to Village
street trees shall be planted at 30' on center spacing approval Parkway
along east side of Village Parkway and south side of final Specific
of Amador Valley Boulevard fronting the property Parcel Plan
and shall substantially comply with the project site Map
plan. Said trees shall be placed in 4' by 4' tree
wells with cast iron grates positioned at the back of
sidewalk. The tree variety shall be as determined
by the City Engineer/Public Works Director. After
project acceptance, these trees and the associated
irrigation system shall be maintained by the owner.
Applicant/Property Owner shall landscape, irrigate
and maintain landscaping areas adjacent to the
plaza that are within the public right-of-way.
Landscaping areas and associated irrigation systems
shall remain the responsibility of the property
owner in perpetuity.
PASSED, APPROVED and ADOPTED this 11th day of May, 2004.
AYES:
NOES:
ABSENT:
ATTEST:
Planning Commission Chairperson
Community Development Director
G:\PA#L2003\03-069Enea\PCTM Reso. DOC
~URLIN
T E N T A T I V E M A P 7197 VILLAGE PARKWAY
PA 03-069
Attachment 2, Exhibit A