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HomeMy WebLinkAboutReso 145-88 TentParclMap5364RESOLUTION NO. 145 - 88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING PA 87-159.2 FIRST WESTERN DEVELOPMENT TENTATIVE PARCEL MAP 5364 WHEREAS, First Western Development filed an application for a Minor Subdivision request to subdivide an existing 7.002 acre site into two separate sites (Parcel A 'containing 5.908 acres and Parcel B containing 1.094 acres) and a Variance request to.allow a substandard parcel (Parcel B); 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 the purposes of sale, lease or financing unless a Tentative Parcel Map is acted upon and a Final Parcel Map is approved consistent with the Subdivision Map Act, and City of Dublin Subdivision Regulations; and WHEREAS, this 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 prepared for this project as it will not have a significant effect on the environment; and WHEREAS, the Planning Commission held a public hearing on said application on August 15, 1988 and September 6, 1988; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Planning Commission did hear and consider all reports, recommendations and testimony hereinabove set forth; and WHEREAS, on September 6, 1988, the Planning Commission denied PA 87-159.2 First Western Development Minor Subdivision and Variance request; and WHEREAS, on September 15, 1988, the Applicant appealed the Planning Commission action; and WHEREAS, the City Council held a public hearing on said appeal on October 10, 1988 and November 14, 1988; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted recommending that PA 87-159.2 First Westsern Development Subdivision and Variance be approved subject to conditions of approval; and WHEREAS, the City Council did hear and consider all reports, recommendations and testimony as hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby find that: 1. PA 87-159.2 Tentative Parcel Map 5364 is consistent with the intent of applicable subdivision regulations and City Zoning and related Ordinances. 2. The proposed Tentative Parcel Map is consistent with the City's General Plan and Zoning Ordinance. 3. The Tentative Parcel Map will not have a significant environmental impact. 4. The Tentative Parcel Map 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. -1- 5. The site is physically suitable for the proposed development, in that a soils investigation report is required to include recommendations to insure site will be suitable for residential development. 6. The site is physically suitable for the proposed density of development in that the design and improvements are consistent with those of similar existing developments which have proven to be satisfactory. 7. This project will not cause serious public health problems in that all necessary utilities are, or will be, required to be available and Zoning and Building control the type of development and the operation of the uses to prevent health problems after development. BE IT FURTHER RESOLVED THAT THE City Council does hereby approve PA 87-159.2 First Western Development Tentative Map 5364, subject to the Conditions of Approval established in Resolution No. 87-159.2 Variance request and subject to the following conditions: Unless otherwise specified, the following conditions shall be complied with prior to the recordation of the Final Map. Each item is subject to review and approval by the Planning Department unless otherwise specified. The design and improvements of Tentative Parcel Map 5364 shall be in conformance with the design and improvements indicated on the map labeled Exhibit "A" prepared by Altamont Land Surveyors, Inc. dated received November 9, 1988, on file with the Dublin Planning Department. Prior to approval of the Final Map, the Applicant/Property Owner shall submit a complete application requesting a Planned Development Rezoning for Parcel A and Parcel B of Tentative Parcel Map 5364 as one comprehensive Planned Development Zoning District. Said request shall be irrevocable. Any new restaurant, enlargement to existing or approved buildings, or other new land use entitlement shall be either 1) included in the PD application or 2) subject to a new PD application covering both Parcel A and Parcel B of Tentative Parcel Map 5364. Prior to approval of the Final Map, the Applicant/Property Owner shall submit for review and approval of the City Attorney and Planning Director, Declaration of Encumbrances for Parcel A and B of Tentative Parcel Map 5364. Prior to approval of the Final Map, a soils investigation report shall be prepared, including recommendations to make the building pads suitable for future development. Prior to issuance of building permits, the recommendations outlined in the soils investigation report shall be completed under the constant inspection of the soils engineer and are certified by the soils engineer as suitable for foundations. 6. An encroachment permit shall be obtained for any driveways for the lot. 7. Address numbers for all development shall be visible from the street per DSRSD Fire Department requirement. 8. The Applicant shall provide DSRSD with plans showing the water and sewer services to the lots. If, during construction, archaeological remains are encountered, construction in the vicinity shall be halted, an archaeologist consulted, and the City Planning Department notified. If, in the opinion of the archaeologist, the remains are significant, measures, as may be required by the Plananing Director, shall be taken to protect them. 10. Each lot shall be so graded as not to drain on any other lot or adjoining property prior to being picked up by an approved drainage system. 11o Roof drains shall empty onto paved areas, concrete swales, or other approved dissipating devices. 12. Under-sidewalk drains shall be provided to allow on-site drainage to be tied in, and/or a storm drain system shall be provided for this purpose. -2- DEBRIS 13. Measures shall be taken to contain all trash, construction debris, and materials on-site until disposal off-site can be arranged. The subdivider shall be responsible for corrective measures at no expense to the City of Dublin. DEDICATIONS AND PUBLIC IMPROVEMENTS 14. Any relocation of improvements or public facilities shall be accomplished at no expense to the City. 15. All improvement plans shall be prepared by a civil engineer registered in the State of California. DUST 16. Areas undergoing grading, and all other construction activities, shall be watered, or other dust-pallative measures used to prevent dust, as conditions warrant. 17. Dust control measures, as approved by the City Engineer, shall be followed at all times during grading and construction operations. EASEMENTS 18. Existing and proposed access and utility easements shall be submitted for review and approval by the City Engineer prior to Final Map approval. These easements shall allow for practical vehicular and utility service access for all areas. 19. All existing easements shall be shown on the Final Map unless evidence is furnished to the City showing that all parties having a right, title, or interest in a specific easement agree to its abandonment. GRADING 20. 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. 21. All improvements within the public right-of-way, including curb gutter, sidewalks, driveways, paving, and utilities, must be constructed in accordance with approved standards and/or plans. MISCELLANEOUS 22. Copies of the Final Map and improvement plans, indicating all lots, streets, and drainage facilities within the subdivision shall be submitted at 1" = 400 feet scale and 1" = 200 feet scale for City mapping purposes, one mylar copy and one blackline copy of the Final Map shall be delivered to the City after the map has been recorded. Three copies of the signed improvement plans shall be delivered to the City for inspection purposes. One reproducible and one blackline print of the improvement plans shall be delivered after "as-built" conditions have been incorporated. 23. 'The subdivider/developer shall be responsible for controlling any rodent, mosquito, or other pest problem due to construction activities. 24. Comply with all zoning provisions, including Zoning Ordinance and rezoning Conditions of Approval. UTILITIES 25. Electrical, gas, telephone, and Cable TV services shall be provided underground to each lot in accordance with the City policies and existing ordinances. All utilities shall be located and provided within public utility easements, sized to meet utility company standards. -3- 26. Prior to .the filing of the Final Map, the subdivider shall furnish the City Engineer with a letter from Dublin San Ramon Services District stating that the District has agreed to furnish water and sewer service to the subdivision. WATER 27. Water facilities must be connected to the DSRSD system, and must be installed at the expense of the developer, in accordance with District standards and specifications. All material and workmanship for water mains, and appurtenances thereto, must conform with all of the requirements of the officially adopted Water Code of the District and will be subject to field inspectionby the District. 28. Zone 7 is responsible for enforcement of the Groundwater Protection Ordinance. Known water wells without a documented intent of future use, filed with Zone 7, are to be destroyed prior to any demolition or construction activity in accordance with a well destruction permit obtained from Zone 7. Other wells encountered prior to or during construction are to be treated similarly. PASSED, APPROVED AND ADOPTED this 14th day of November, 1988. AYES: Councilmembers Moffatt, Snyder, Vonheeder, and Mayor Jeffery NOES: Councilmember Hegarty ABSENT: None -4-