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HomeMy WebLinkAboutPC Reso04-41 PA03-069 EneaCntr Tmap RESOLUTION NO. 04 - 41 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 corner 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 StudylNegative Declaration was prepared, also adopted in 2000. The City of Dublin has reviewed the project specific impacts of the proposed devdopment. The project is within the scope of the Village Parkway Specific Plan and Initial Study/Mitigated Negative Declaration, P A 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. NOW, THEREFORE, BE IT RESOLVED THAT THE City of Dublin Community Development Director does hereby find that: A. Tentative Parcel Map 8407 is consistent with the Subdivision Map Act and all other applicable subdivision regulations and related ordinances. B. 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. C. Tentative Parcel Map 8407 is consistent with the Planned Development District and consistent with the development proposed for the site as P A 03-069 and is, therefore, consistent with the City of Dublin Zoning Ordinance. D. 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. E. 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. F. 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 subiect to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance with the Conditions of Approval: rPLl Planning, rpol Police, (PWl Public Works, [ADMl administration, [FINl Finance, rPCSl Parks and Community Services. rFl Alameda County Fire Department, rDSRl Dublin San Ramon Services District, rCOl Alameda County Flood Control and Water Conservation District Zone 7. NO CONDITION TEXT RESPON. WHEN HOW IS AGENCY/ REQ.? CONDITION DEPART. SA TISFIED? GENERAL CONDITIONS l. Substantial Conformance. The Final Parcel Map PW Approval Standard 2 NO CONDITION TEXT RESPON. WHEN HOW IS AGENCY/ REQ.? CONDITION DEPART. SATISFIED? 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. ,., 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- _ approvmg a Conditional Use Permit and Site Development Review for P A 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 oflots 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 ofthe Security guaranteeing faithful performance shall be 100% of the estimated cost of the required work. The amount of the Security 3 NO CONDITION TEXT RESPON. WHEN HOW IS AGENCY / REQ.? CONDITION DEPART. SA TISFIED? 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 I 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: l. 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 4 NO CONDITION TEXT RESPON. WHEN HOW IS AGENCY / REQ.? CONDITION DEPART. SA TISFIED? 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. II. 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. ApplicantIProperty Owner shall landscape, irrigate and maintain landscaping areas adjacent to the plaza that are within the public right-of-way. 5 NO CONDITION TEXT RESPON. WHEN HOW IS AGENCY / REQ.? CONDITION DEPART. SATISFIED? Landscaping areas and associated irrigation systems shall remain the responsibility of the property owner in perpetuity. PASSED, APPROVED and ADOPTED this 11 th day of May, 2004. AYES: Cm. Fasulkey, and Machtmes NOES: Cm. King ABSENT: Cm. Nassar, and Jennings ABSTAIN: , 0·, . Planning Commis;ion C1i~irpeison . ! ATTEST: > Pl~1~~ G:\P A#\2003\03-069Enea\PCTMReso.DOC 6