HomeMy WebLinkAboutItem 8.3 PA 91-048 Enea Properties CUP/ Subdiv.TO:
FROM:
PREPARED BY:
SUBJECT:
CITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT
Meeting Date: August 19, 1991
Planning Commission
Planning Staff
GENERAL INFORMATION:
PROJECT:
APPLICANT:
PROPERTY OWNER:
LOCATION:
ASSESSOR PARCEL:
PARCEL SIZE:
GENERAL PLAN
DESIGNATION:
DOWNTOWN SPECIFIC
PLAN DESIGNATION:
EXISTING ZONING
AND LAND USE:
V"
David Choy, Associate Planner
PA 91-048 Enea Properties
Subdivision/Conditional Use Permit at
6690 Amador Plaza Road
6665-
Request for approval of tentative Parcel Map
6179 to allow the division of an existing,
improved 4.5+ acre parcel into two separate
parcels (Lot 1=3.4 Acres, Lot 2=1.1 Acres)
and a Conditional Use Permit request to allow
minor modifications to the existing Planned
Development General Provisions at 6665-6690
Amador Plaza Road.
Ron Archer
4133 Mohr Avenue, Suite E
Pleasanton, CA 94566
Robert Enea, Enea Properties
6670 Amador Plaza road
Dublin, CA 94568
6665-6690 Amador Plaza Road
941-1500-41-2
4.5+ Acres
Retail/Office and Automotive
Development Zone 4 - Planned Mixed Uses
PD, Planned Development/Office Complex
ITEM NO. 8.3
COPIES TO: Applicant
Owner
Address File
PACE_ / nr /�
SURROUNDING LAND
USE AND ZONING:
ZONING HISTORY:
S-783:
1464 Z.U.:
North: PD, Planned Development/Retail
Center
South: Alameda County Flood Control
Channel and I-580
East: PD, Planned Development/Vacant
West: C-2, General Commercial/Service and
Automotive Service Shops.
On October 22, 1980, the Alameda County
Planning Director approved a Site Development
Review Application for the location of six
office buildings on approximately 2.75 acres
of an approximate 23.49 acre parcel. Four of
the six buildings were constructed, one of
which has since burned down.
On April 2, 1981, the Alameda County Board of
Supervisors approved Ordinance No. 81-26
rezoning an approximate 23.49 acre parcel
from the C-2, General Commercial District to
a PD, Planned Development, allowing C-O uses,
and some C-1 uses, subject to the C-0
District regulations.
APPLICABLE REGULATIONS:
Section 8-31.18 states if a proposed structure, facility or
land use not indicated on a Land Use and Development Plan
approved by the City Council does not materially change the
provisions of the approved Land Use and development Plan, the
structure, facility or land use may be permitted subject to
securing a Conditional Use Permit.
Section 8-94.0 states that conditional uses must be analyzed
to determine: 1) whether or not the use is required by the
public need; 2) whether or not the use will be properly related
to other land uses, transportation and service facilities in the
vicinity; 3) whether or not the use will materially affect the
health or safety of persons residing or working in the vicinity;
and 4) whether or not the use will be contrary to the specific
intent clauses or performance standards established for the
district in which it is located.
Section 8-1.4(a) states that no real property, or portion
thereof, within the City of Dublin shall be divided into two or
more parcels for the purpose of sale, lease or financing, whether
immediate or future, unless prior thereto a Tentative Map is
acted upon and a Final Map or Parcel Map has been filed in
accordance with the provisions of this Ordinance.
-2-
PAGE a OF /5
ENVIRONMENTAL REVIEW: The project has been found to be
Categorically Exempt from CEQA under Section 15315, Class 15 of
the California Environmental Quality Act guidelines. The
proposed project consists of the division of an existing improved
parcel into two separate parcels.
NOTIFICATION: Public Notice of the August 19, 1991 hearing was
published in the local newspaper, mailed to adjacent property
owners, and posted in public buildings.
ANALYSIS:
The Applicant, Ron Archer, representing Enea Properties, is
requesting approval of Tentative Parcel Map 6179 to allow the
division of an existing improved 4.5 acre+ parcel into two
separate parcels (Lot 1=3.4 Acres, Lot 2=1.1 Acres) and a
Conditional Use Permit request for a minor modification to the
existing Planned Development General Provisions to allow a
minimum lot frontage of twenty-five feet at 6665-6690 Amador
Plaza Road.
The proposed Tentative Parcel Map 6179 will allow the
property owners, Enea Properties, to sell the newly created Lot
2. A Lot line adjustment will be processed to extend the
northern boundary of Lot 2 approximately 20 feet to the north, to
provide twenty additional required parking spaces on -site.
Parking for both Lot 1 (243 spaces provided, 148 spaces required)
and Lot 2 (80 spaces provided, 74 spaces required) will continue
to comply with the Parking Regulations within the Zoning
Ordinance. With exception of the lot line adjustment, the added
parking, and the related perimeter landscaping, no other physical
changes to the site are proposed.
The existing site possesses two driveways for access onto
the site. In order to maintain individual access to each lot, an
Emergency Access Easement (EVA) will be recorded. The EVA will
extend across the driveway at the northwestern tip of lot 2, and
continue southerly across lot 1, to maintain joint access to
existing Buildings "B" and "C".
Section 8-60.3 of the Zoning Ordinance states that whenever
a new building site is hereinafter created by division of an
existing Lot, the effective lot frontage of each such new
building site shall be equal to one-half of either the required
or the actual median lot width thereof, whichever is greater.
The Applicant is requesting approval of a Conditional Use
Permit to modify the existing Planned Development General
Provisions to allow a minimum lot frontage of twenty-five feet.
The median lot width of Lot 1 is over 500 feet, requiring an
effective lot frontage of approximately 250 feet. The median lot
width of Lot 2 is approximately 180 feet, requiring an effective
-3-
PAGE 3 OF /5
lot frontage of approximately 90 feet. The existing parcel has
an effective lot frontage of approximately 117.5 feet. The
location of the existing parcel at the southern terminus of
Amador Plaza Road, on a cul-de-sac, has resulted in a deep and
wide lot with a comparatively narrow lot frontage.
The division of the existing lot proposed by Tentative
Parcel Map 6179 should not affect the operation of the existing
office complex. Additionally, the proposed minor modification to
the Planned Development General Provisions to allow a reduced
effective lot frontage of twenty-five feet will not affect
ingress or egress to the existing office complex.
This project has been reviewed by other City departments and
affected agencies and their comments have been incorporated into
the Conditions of Approval. Staff recommends approval of the
Applicant's request for Tentative Parcel Map 6179 and a
Conditional Use Permit subject to the conditions listed in the
draft resolutions, Exhibit B and Exhibit C, respectively.
RECOMMENDATIONS:
FORMAT: 1) Open public hearing and hear Staff presentation.
2) Take testimony from Applicant and the public.
3) Question Staff, Applicant and the public.
4) Close public hearing and deliberate.
5) Adopt draft resolutions (Exhibits B and C)
relating to PA 91-048, or give Staff and Applicant
direction and continue the matter.
ACTION: Staff recommends the Planning Commission adopt the
draft resolutions approving the Tentative Map (Exhibit
B) and Conditional Use Permit (Exhibit C) relating to
PA 91-048.
ATTACHMENTS:
Exhibit A:
Exhibit B:
Project Plans
Draft Resolution approving Tentative Parcel Map
6179
Exhibit C: Draft Resolution approving Conditional Use Permit
Background Attachments:
Attachment 1: Location/Zoning Map
Attachment 2: Applicant's Written Statement
Attachment 3: Alameda County Board of Supervisors Ordinance
No. 81-26, relating to the 1464th Zoning Unit
-4-
PAG271
EOF
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9
ti _f RON ARCHER
TENTATIVE MAP OF
PARCEL MAP 6179
CITY OF DUBLIN, ALAMEDA COUNTY CALIFORNIA.
EXHIBIT A
PAGE OF /5
RESOLUTION NO. 91 -
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING TENTATIVE PARCEL MAP 6179 CONCERNING PA 91-048 ENEA
PROPERTIES
WHEREAS, Ron Archer, on behalf of Enea Properties requests
approval of Tentative Parcel Map 6179 allowing the approximate 4.5
acre site to be split into two separate parcels with no change to the
existing site layout and a Conditional Use Permit to allow for minor
modifications to the approved Planned Development General Provisions
(1464th Z.U.) to allow a minimum lot frontage of 25 feet; 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 or Parcel Map is approved consistent with the Subdivision Map Act
and City of Dublin subdivision regulations; and
WHEREAS, the Planning Commission did hold a public hearing on
said application on August 19, 1991; 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 was
found to be Categorically Exempt under Section 15315, Class 15; and
WHEREAS, the Staff Report was submitted recommending that the
Tentative Parcel Map subject to conditions prepared by Staff; and
WHEREAS, the Planning Commission did hear and consider all said
reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning
Commission does hereby find that:
1. Tentative Parcel Map 6170 is consistent with the intent of
applicable subdivision regulations and City Zoning and
related ordinances.
2. Tentative Parcel Map 6179 is consistent with the City's
General Plan as it applies to the subject property.
3. Tentative Parcel Map 6179 will not result in the creation of
significant environmental impacts.
4. Tentative Parcel Map 6179 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 -
EXHIBIT B
PAGE OF ��
5. The site is physically suitable for the development in that
the site is indicated to be geologically satisfactory for
the type and density of development proposed in locations as
shown.
6. The request is appropriate for the subject property in terms
of being compatible to existing land uses in the area and
will not overburden public services.
7. General site considerations, including unit layout, open
space, topography, orientation and the location of
buildings, vehicular access, circulation and parking,
setbacks and similar elements have been designated to
provide a desirable environment for the development.
8. This project 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.
NOW THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission
does hereby approve PA 91-048 Tentative Parcel Map as shown by
materials labeled Exhibit A stamped approved and on file with the
Dublin Planning Department subject to the related Conditional Use
Permit and to the following conditions.
CONDITIONS OF APPROVAL:
Unless stated otherwise, all Conditions of Approval shall be complied
with prior to recordation of the Parcel Map, and shall be subject to
Planning Department 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, [FIN'
Finance, (F' Dougherty Regional Fire Authority, [DSR' Dublin San Ramon
Services District, (CO' Alameda County Department of Environmental
Health.
1. Except as specifically modified elsewhere in these
conditions, development shall generally be consistent with
the Tentative Parcel Map 6179 prepared by Ron Archer Civil
Engineer, Inc. consisting of one sheet and dated received
July 31, 1991 (Exhibit A). [PL, PW]
2. The Applicant shall submit a parking lot striping plan
subject to review and approval by the Planning Director.
All parking spaces shall be double -striped (four inch
stripes set two feet apart). Handicapped, customer,
employee and compact parking spaces shall be appropriately
identified on the pavement and designated on the parking
plan. The location of handicapped parking spaces will be
subject to review and approval by the Planning Director.
[PL]
- 2
PAGE 7 OF / 5
3. Prior to the recordation of the Parcel Map, a Lot Line
Adjustment shall be completed to extend the northern
boundary of Lot 2 approximately 20 feet north. [PW, PL]
4. All on -site improvements proposed on Lot 2 shall be
completed prior to recordation of the Parcel Map. [PW]
Dedications and Public Improvements:
5. An encroachment permit shall be obtained for any work in the
public right-of-way. [PW]
6. Any relocation of improvements or public facilities shall be
accomplished at the Developer's expense and at no expense to
the City. [PW]
7. 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]
Dust
8. Areas undergoing grading, and all other construction
activities, shall be watered, or other dust-pallative
measures used to prevent dust, as conditions warrant. [PW]
9. Dust control measures, as approved by the City Engineer,
shall be followed at all times during grading and
construction operations. [PW]
Easements
10. The proposed 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 for all areas. [PW]
Grading
11. The minimum uniform street gradient shall be 1.0 percent.
Parking lots shall have a minimum gradient of 1.0 percent,
and a maximum gradient of 5.0 percent. No cut or fill
slopes shall exceed 2:1, unless approved by the project's
Soils Engineer and reviewed and approved by the Public Works
Director/City Engineer. Slopes shall be graded so that
there is both horizontal and vertical slope variation, where
visible from public areas, in order to create or maintain a
natural appearance. [PW]
12. Grading shall be completed in compliance with the
construction grading plans and recommendations. [PW]
- 3
PAGE OF ��
Landscaping and Irrigation Plans
13. A final detailed Landscape and Irrigation Plan (at 1 inch =
20 feet or larger), along with a cost estimate of the work
and materials proposed, shall be submitted for review and
approval by the Planning Director. Landscape and Irrigation
Plans shall be signed by a licensed landscape architect.
Final landscape plans shall indicate general plant palette
with common and botanical names and container size and
growth rate. [PL]
14. Landscaping shall not obstruct the site distance of
motorists, pedestrians or bicyclists. Except for trees,
landscaping at drive aisle intersections shall not be higher
than 30" above the curb. [PL]
15. The Applicant shall complete and submit to the Dublin
Planning Department the Standard Plant Material, Irrigation
and Maintenance Agreement (attached). [PL]
Miscellaneous
16. All grading and construction activity shall be limited to
take place between the hours of 7:30 a.m. and 5:30 p.m.,
Monday through Friday, except as may be approved in advance
in writing by the City Engineer. [PW]
17. 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. [PW]
18. This approval shall be revocable for cause in accordance
with Section 8-90-3 of the Dublin Zoning Ordinance. [PL]
19. The approval of this Tentative Parcel Map shall expire in
accordance with the regulations of Section 66452.6 of the
Subdivision Map Act. [PW, PL]
PASSED, APPROVED AND ADOPTED this 19th day of August, 1991.
AYES:
NOES:
ABSENT:
ATTEST:
Planning Director
Planning Commission Chairperson
- 4
PAGE OF /5
RESOLUTION NO. 91 -
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING CONDITIONAL USE PERMIT REQUEST FOR PA 91-048 ENEA PROPERTIES
ALLOWING A MINOR MODIFICATION TO THE APPROVED PLANNED DEVELOPMENT
GENERAL PROVISIONS
WHEREAS, Ron Archer, on behalf of Enea Properties requests
approval of Tentative Parcel Map 6179 allowing the approximate 4.5
acre site to be split into two separate parcels with no change to the
existing site layout and a Conditional Use Permit to allow
modification to the approved Planned Development General Provisions
(1464th Z.U.) to allow a minimum lot frontage of 25 feet; and
WHEREAS, Section 8-31.18 of the Zoning Ordinance establishes the
Conditional Use Permit process as the mechanism to allow consideration
of minor modifications to approved Land Use and Development Plans for
Planned Development Districts; and
WHEREAS, the Planning Commission did hold a public hearing on
said application on August 19, 1991; 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 was
found to be Categorically Exempt under Section 15315, Class 15; and
WHEREAS, the Staff Report was submitted recommending that the
application be conditionally approved; and
WHEREAS, the Planning Commission did hear and consider all said
reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning
Commission does hereby find that:
A. The proposed use, a minor modification to the Planned
Development General Provisions, serves the public need by
permitting the division of an existing property, and
subsequent sale of a portion thereof, and offering continued
operation of an existing office complex.
B. The proposed reduction in effective lot frontage will be
properly related to other land uses and transportation and
service facilities in the vicinity, as operation of the
existing office complex will continue to be compatible with
the type and nature of operations typically found in
administrative office district areas and the uses currently
in operation in the immediate vicinity.
EXHIBIT, C
- 1 -
PAGE ` OF S
C. The proposed reduction in effective lot frontage will not
materially adversely affect the health or safety of persons
residing or working in the vicinity, or be materially
detrimental to the neighborhood, as all applicable
regulations will be met.
D. The proposed reduction in effective lot frontage will not be
contrary to the specific intent clauses or performance
standards established for the District in which it is to be
located in that the proposed use is consistent with the
character of the surrounding area as well as the
administrative office district.
E. The approval of the Conditional Use Permit will be
consistent with the Dublin General Plan.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does
hereby conditionally approve PA 90-045 Conditional Use Permit
application as shown by materials labeled Exhibit A stamped approved
and on file with the Dublin Planning Department subject to the
approval of the related Tentative Parcel Map 6179 and to the following
conditions.
CONDITIONS OF APPROVAL:
Unless stated otherwise, all Conditions of Approval shall be complied
with prior to recordation of the Parcel Map or establishment of use,
and shall be subject to Planning Department 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,
(FIN} Finance, (F} Dougherty Regional Fire Authority, (DSR} Dublin San
Ramon Services District, (CO} Alameda County Department of
Environmental Health.
1. This approval is for the minor modification to the approved Land
Use and Development Plan (1464th Z.U.) for this site, allowing a
minimum lot frontage of twenty-five feet. [PL]
2. Except as may be specifically modified or elaborated upon by the
conditions listed below, operation of uses on -site shall conform
to the General Provisions established by Ordinance No. 81-26 of
the Alameda County Board of Supervisors (See Attachment 3),
approved April 2, 1981, for the 1464th Z.U. [PL]
3. All signs shall be subject to the requirements of the Sign
Regulations within the Zoning Ordinance. [PL]
4. The Applicant shall be responsible for clean up and disposal of
office complex related trash to maintain a clean and litter free
site. [PL]
5. No loudspeakers or outside amplification of music or sound shall
be allowed. [PL]
- 2
PAGE // OF /5
6. This approval shall be null and void should the Tentative Parcel
Map expire prior to recordation of the Parcel Map.
7. This Conditional Use Permit shall be revocable for cause in
accordance with Section 8-90.3 of the Dublin Zoning Ordinance.
Any violation of the terms of conditions of this permit shall be
subject to citation. [PL]
PASSED, APPROVED AND ADOPTED this 19th day of August, 1991.
AYES:
NOES:
ABSENT:
ATTEST:
Planning Director
Planning Commission Chairperson
- 3
PAGE l� OF /5
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RON ARCHER
CIVIL ENGINEER, INC.
CONSULTING • PLANNING • DESIGN • SURVEYING
4133 Mohr Ave., Suite E • Pleasanton, CA 94566
(415) 462-9372
MR. LARRY TONG, PLANNING DIRECTOR,
DUBLIN PLANNING DEPARTMENT,
100 CIVIC PLAZA,
DUBLIN, CA 94568
ATTN: MR. DAVID CHOY, ASSOCIATE PLANNER
RE: MINOR SUBDIVISION AND CONDITIONAL USE
PERMIT REQUEST BY ENEA PROPERTIES
COMPANY ON AMADOR PLAZA ROAD.
RECEIVED
AUG —6 1991
DUBLIN PLANNING
AUG. '6,1991
DEAR MR. TONG:
AFTER FURTHER DISCUSSION WITH MR. DAVID CHOY , ASSOCIATE PLANNER , AND
PRELIMINARY REVIEW BY YOUR PLANNING STAFF, PLEASE PROCESS A CONDITIONAL
USE PERMIT AND TENTATIVE PARCEL MAP ON THE ENEA PROPERTIES APPLICATION TO
SUBDIVIDE PARCEL "D" , PARCEL MAP 2922, INTO TWO PARTS AND ADJUST A LOT
LINE ADJUSTMENT BETWEEN PARCEL "D" AND PARCEL "E", WHICH WOULD ALSO ALLOW A
MINOR MODIFICATION TO THE EXISTING PLANNED DEVELOPMENT REGULATIONS
PERMITTING A MINIMUM LOT FRONTAGE OF 25 FEET.
IT IS ALSO PROPOSED THAT A PUBLIC SERVICE EASEMENT BE CREATED ON THE
SUBDIVIDED PROPERTIES FOR INGRESS AND EGRESS, PARKING AND PUBLIC UTILITIES
EXCLUDING THE EXISTING BUILDING AREAS.
LAI t- NO. 23721 a) bq d : cl
es: EX?. 12/31/9 r, �,. , a
0FIs la e.�,' /
SINCERELY YOURS,
RONALD R. ARCHER, RCE 23721
ATTACHMENT 2
PAGE�`f OF /-6
ORDINANCE NOr 81.28
AN ORDINANCE AMENDING CHAPTER 2 OF TITLE 8 OF THE ALAMEDA COUNTY ,
ORDINANCE CODE RELATING TO ZONING
The Board of. Supervisors of the County of Alameda, State of Cellfornle, do ordeln es follows:
SECTION I
Chapter 2 of Title 8 of the Alameda County Ordinance Code Is hereby amended In the following
manner:
One parcel contalning approximately 23.49 acres located et 7450 Dublin Boulevard, south side,
across from Amedor Plaza Road, Dublin, bearing County Assessor's designation: Map 941, Block
1500, Parcel 14.10, as shown on the map labelled "Exhibit A, 1464th Zoning Unit" on file with the
Alameda County Planning Commission at 399 Elmhurst Street, Hayward, Cellfornle, is hereby
rezoned from the C-2 (General Commercial) District to a PD (Planned Development) District allowing
C-0 usessubject to the provisions of that district, and a racquetball club, gymnasium, restaurant, and
other commercial uses allowed by the C-1 (Retail Eluslness) District where such uses are determined
through Zoning Approval to be of almllar Intensity to and compatible with C-0 uses, with all uses
subject to C-0 District regulations. A map of the Unit Is as follows:
IttA
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IRMKY . r-xaPERi Y
1464th ZONING UNIT
DECEMBER 1980
1
01 275'550'
SECTION 11
Thls Ordinance shell take effect and be In force thirty (30) days from and after the date of Its
passage and before the expiration of flfteen (15) days after its passage it shall be published once with
the names of the members voting for and against the same In The Inter•Clty Express, a newspaper
published In the said County of Alameda.
Adopted by the Board of Supervisors of the County of Alameda, State of California, on April 2,
1981, by the following celled vote:
AYES: Supervisors Cooper, Excell,.George, Santana and Chairman Bort — 6.
NOES: None.
EXCUSED: None. r
ATTEST;.
JOSEPH P. BORT,
Chairmen of the Board of Supervisors of the
County of Alameda, State of California.
WILLIAM MEHRWEIN,
Clerk of the Board of Supervisors of the.
County of Alameda, State of California,
By: WILLIAM MEHRWEIN.
10423.11-4.10.1t
ATiACIMENT 3
PAGE / 5 OF /5