HomeMy WebLinkAboutItem 8.3 PA 91-091 Patrick Land Co AmendmentTO:
FROM:
PREPARED BY:
SUBJECT:
CITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT
Meeting Date: December 2, 1991
Planning Commission
GENERAL INFORMATION:
PROJECT:
APPLICANT/OWNER:
LOCATION:
ASSESSOR PARCEL:
PARCEL SIZE:
GENERAL PLAN
DESIGNATION:
EXISTING ZONING
AND LAND USE:
SURROUNDING LAND
USE AND ZONING:
Planning Staff
w' "
David Choy, Associate Planner ci
PA 91-091 J. Patrick Land Co. Amendment to a
Condition of Approval for Tentative Tract Map
5900, relating to the formation of an
assessment district.
Request to amend Condition No. 19 of Planning
Commission Resolution No. 88-031 approving
Tentative Map Tract 5900, relating to the
formation of an Assessment District.
John P. Moore, President
J. Patrick Land Co.
7901 Stoneridge Dr., Suite 403
Pleasanton, CA 94588
5971 Dougherty Road
941-550-36 & 40 through 44
13.3± acres
Business Park/Industrial
Outdoor Storage
PD, Planned Development, 1411th Zoning Unit,
Vacant
North:
South:
East:
West:
PD, 1411th Zoning Unit, Industrial
and Commercial
M-1 & C-2, Industrial and
Commercial
A, Camp Parks RFTA
M-1 & C-2, Commercial
ITEM NO. 8.3
COPIES TO: Applicant/Owner
Address File
PAGE / OF /8
ZONING HISTORY:
447 Z.U. In 1962, the County of Alameda rezoned the
property from A to M-1.
Parcel Map
2817
1411 Z.U.
In 1979 the County of Alameda approved Parcel
Map 2817 to create two lots. Conditions included
improvements to extension of Sierra Lane and
dedication for cul-de-sac.
On October 4, 1979 the County of Alameda approved
a rezone from M-1 to PD permitting M-1 and C-2
uses with development standards consistent with
the M-1 zone (setbacks, lot size, etc.).
Tentative In 1981, the County of Alameda approved Tentative
Tract Map Map Tract 4978, for a 15 lot subdivision.
4978 Conditions require extension of Sierra Lane but
allow no access to 941-550-36 until improvements
required by PM 2817 are installed.
PA 88-018
PA 90-090
On May 16, 1988, the Dublin Planning Commission
approved Tentative Map Tract 5900 to consolidate
6 lots into 1 lot totalling 13.3± acres.
On November 19, 1990. the Dublin Planning
Commission approved a two year extension for
Tentative Map Tract 5900.
APPLICABLE REGULATIONS:
Section 8-1.3(a) of the City of Dublin Subdivision Ordinance
states in part, "The Planning Commission is the advisory agency
for the approval or disapproval of parcel maps and tentative
maps".
ENVIRONMENTAL REVIEW: This project has been found to be
Categorically exempt from CEQA under Section 15315, Class 15 of
the California Environmental Quality Act guidelines. This use
consists of a Parcel Map for the creation of a single lot in an
urbanized area zoned for commercial and industrial use in
conformance with the General Plan and zoning.
NOTIFICATION: Public Notice of the December 2, 1991 hearing was
published in the local newspaper, mailed to adjacent property
owners, and posted in public buildings.
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PAGE a- OF /e
ANALYSIS:
The Applicant, John P. Moore of J. Patrick Land Company, is
requesting approval of an amendment to Condition No. 19 of
Planning Commission Resolution No. 88-031 approving PA 88-018 for
Tentative Map Tract 5900, which was approved by the Planning
Commission on May 16, 1988, for a two and one-half year period,
and extended by the Planning Commission (PA 90-090) on November
19, 1990, for an additional two year period (See Attachment 2).
Tentative Map Tract 5900 consists of six (6) existing lots
consolidated into one (1) lot, totaling 13.3± acres at 5971
Dougherty Road, within the PD, Planned Development District (See
Attachment 3).
Condition No. 19 of Planning Commission Resolution No. 88-
031 states:
"Dublin Boulevard extension is part of a proposed assessment
district. Developer shall cooperate with the City in the
formation of the District and agrees to pay his fair and
equitable share. Improvements required under this Tentative
Map and not to be built under the proposed assessment
district shall be coordinated with the proposed assessment
district work"
The Applicant is requesting to amend Condition No. 19 by
adding the following language:
"In the event that an assessment district is formed for the
construction of the improvements described herein, the
required rights of way may be acquired and paid for through
the assessment proceedings in lieu of the dedications
described herein"
The Public Works Department has indicated that the Dublin
Boulevard Extension is to begin construction in the Spring of
1992. The Applicant is required to dedicate and improve the
section of Dublin Boulevard which will run through the southern
portion of the tract, up to the Southern Pacific right-of-way.
The Applicant is also required to dedicate and improve the
portion of the parcel fronting on Dougherty Road.
The proposed amendment would allow the assessment district
to purchase necessary right of way and complete required
improvements, in the event that the Applicant is not ready to
proceed himself. The Applicant would then be assessed his fair
and equitable share through the assessment district. However, if
the Applicant dedicates the land to the assessment district, the
Applicant would not be assessed by the district for the purchase
of the right of way.
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PAGE 3 of 78.
This application has been reviewed by the Public Works
Department and the City Attorney and no comments or concerns were
expressed. This request is consistent with the City's General
Plan, Zoning and Subdivision Ordinance.
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 Resolution approving Amendment to
Condition No. 19 of Planning Commission Resolution
No. 88-031 for Tentative Map Tract 5900, or give
Staff and Applicant direction and continue the
matter.
ACTION: Staff recommends the Planning Commission adopt the
Draft Resolution (Exhibit A) approving Amendment to
Condition No. 19 of Planning Commission Resolution No.
88-031 for Tentative Map Tract 5900, for J. Patrick
Land Co.
ATTACHMENTS:
Exhibit A:
Background Attachments:
Attachment 1:
Attachment
Attachment
Attachment
Attachment 5:
Draft Resolution Approving PA 91-091
Location/Zoning Map
2: Letter requesting Amendment to
88-031 for Tentative Map Tract 5900
3: Tentative Map Tract 5900
4: Approved Resolution 88-031 for
5900
Approved Resolution 90-063 for Tentative Map Tract
5900 Extension
to Resolution No.
Tentative Map Tract
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PAGE _II OF / 8
RESOLUTION NO. 91 -
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 90-091 J. PATRICK LAND CO. TENTATIVE MAP AMENDMENT
TO A CONDITION OF APPROVAL FOR TENTATIVE TRACT 5900
AT 5971 DOUGHERTY ROAD
WHEREAS, John Moore, on behalf of J. Patrick Land Co., has filed
an application to amend Condition No. 19 of Planning Commission
Resolution No. 88-031 approving PA 88-018 for Tentative Map Tract
5900, relating to the formation of an Assessment District; 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 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, the Planning Commission did hold a public hearing on
said application on December 2, 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 approval of
the Tentative Tract Map Amendment request for Tract 5900 (originally
approved under Planning Commission Resolution No. 88-031); and
WHEREAS, the Tentative Map Amendment request is consistent with
the standards established in the State of California Subdivision Map
Act and the adopted City of Dublin Subdivision Regulations; 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.. The Tentative Map Amendment request for Tract 5900 as
modified is consistent with the intent of applicable
subdivision regulations and City Zoning and related
Ordinances.
2. The Tentative Map Amendment request for Tract 5900 as
modified is consistent with the City's General Plan as they
apply to the subject property.
- 1 _
EXHIBIT A
PAGE -5- OF L.E.
3. The Tentative Map Amendment request for Tract 5900 will not
result in the creation of significant environmental impacts.
4. The Tentative Map Amendment request for Tract 5900 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.
5. The site is physically suitable for the proposed future
development in that the site is indicated to be geologically
satisfactory for the type of development proposed in
locations as shown, provided the geological consultant's
recommendations are followed; and the site is in a good
location regarding public services and facilities.
6. The site is physically suitable for the proposed future
development in that the design and improvements are
consistent with those of similar existing commercial
developments which have proven to be satisfactory.
7. 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.
8. General site considerations, including lot layout,
topography, orientation and the location of future
buildings, vehicular access, circulation and parking,
setbacks and similar elements have been designed to provide
a desirable environment for the development.
9. This project will not cause serious public health problems
in that all necessary utilities are, or will be, required to
be available and Zoning, Building, and Subdivision
Ordinances control the type of development and the operation
of the uses to prevent health problems after development.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does
hereby conditionally approve the Tentative Map Amendment request for
PA 91-091 subject to the following conditions:
CONDITIONS OF APPROVAL:
Unless otherwise specified, the following 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.
1. PA 91-091 shall be subject to compliance with the conditions
of approval of Resolution No 88-031 approving Tentative Map Tract
5900 (Attachment 4) and Resolution No. 90-063 approving the
extension of Tentative Map Tract 5900 (Attachment 5) unless
modified by the conditions included in this resolution.
- 2 -
PAGE OF / S
2. Condition No. 19 of Resolution No. 88-031 shall be amended
as follows:
"Dublin Boulevard extension is a part of a proposed assessment
district. Developer shall cooperate with the City in the
formation of the District and agrees to pay his fair and
equitable share. Improvements required under this Tentative Map
and not to be built under the proposed assessment district shall
be coordinated with the proposed assessment district work.
In the event that an assessment district is formed for the
construction of the improvements described herein, the required
rights of way may be acquired and paid for through the assessment
proceedings in lieu of the dedications described herein."
PASSED, APPROVED AND ADOPTED this 2nd day of December, 1991.
AYES:
NOES:
ABSENT:
ATTEST:
Planning Director
Planning Commission Chairperson
3
PAGE % OF /8
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PAGE 8 -OF re
EUGENE K. STURGIS
(1892.1976)
EDWIN N. NESS
ROBERT BRUNSELL
SAMUEL A. SPERRY
DANIEL C. BORT
PHILIP D. ASSAF
Law Offices of
STURGIS, NESS, BRUNSELL & SPERRY
a professional corporation
2000 Powell Street, Suite 1690
Post Office Box 8808
Emeryville, California 94608-1804
September 13, 1991
Lee S. Thompson
Public Works Director
City of Dublin
P.O. Box 2340
Dublin, CA 94568
RECEIVED
SEP1(i1991
(8o1O-j5t" Y49RKS
(415) 652-7588
FAX: (415) 652-0190
Re: Dublin Boulevard Extension Assessment District, City of Dublin
Dear Lee:
In reply to your letter of September 12, 1991, we would.suggest
adding the following language to Item 19:of Resolution 88-031:
1"In the event that an assessment district is formed for
the construction of the improvements described herein,
the required rights of way may be acquired and paid for
through the assessment proceedings in lieu of the
dedications described herein."
We are also enclosing a copy of our standard agreement for legal
services.
Very truly yours,
STURGIS, NESS, BRUNSELL & SPERRY
a professional corporation
4)
obert Brunsell
RB:oue
Enclosure
RECEIVED.
N O V 07 1391
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1'& ry -44
DUBLIN PLANNING
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ATTACHMENT 2
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,, ATTACHMENT
PACE L ° OF L. 8
RESOLUTION NO. 88 - 031
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 88-018 TENTATIVE ;LAP 5900
WHEREAS, J. Patrick Land Company has requested approval of a
Tentative Map for one lot within the Dublin City limits; and
WHEREAS, the State of California Subdivision hap Act and the
adopted City of Dublin Subdivision Regulations require chat no real property
may be divided into two or more parcels for the purposes 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, the Planning Commission held public hearings on said
application on. May 16, 1988; and
WHEREAS, proper notice of said public hearings was given in all
respects as required by law; and
WHEREAS, this application has been reviewed in accordance with the
provisions of the California Environmental Quality Act, and has been found to
be Categorically Exempt; and
NOW:, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission
finds that:
1. Tentative Map 5900 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.
2 The proposed Tentative Map is consistent with the City's General
Plan and City Zoning and related ordinances.
3. The Tentative Map is consistent with street patterns, rights -of -
way, utilities and public facilities planned for the area.
4. Areas proposed to be dedicated for public purposes will conform to
minimum improvement standards so as not to be a future burden upon
the community.
5. The Tentative Map will not have a significant environmental impact.
6. The site is physically suitable for the proposed development in
that a soils investigation report has been prepared and includes
recommendations to insure site will be suitable for commercial
development.
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, Building, and Plumbing Ordinances control the type of
development, and the operation, of the uses to prevent health
problems after development.
BE IT FURTHER RESOLVED THAT THE City of Dublin Planning Commission
approves PA 88-018, Tentative Map 5900, subject to the following conditions:
CONDITIONS OF_APPROVAL
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.
ATTACHMEN T
PAGE " OF , G
GENERAL PROVISIONS
1.
The design and improvements of Tentative Mao 5900 shall be in conformance
with the design and improvements indicated on the map labeled Exhibit "A"
on file with the Dublin Planning Department (PA 88-018).
2. 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.
3. 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.
4. An encroachment permit shall be obtained for any driveways for the lot.
5. Address numbers for all development shall be visible from the street per
DSRSD Fire Department requirement.
6. The Applicant shall provide DSRSD with plans showing the water and sewer
services co the lots.
7. If, during construction, archaeological remains are encountered,
construction in the vicinity shall be halted, an archaeologist ccnsu_t_>d,
and the City Planning Department notified. If, in the opinion of the
archaeologist, the remains are significant, measures, as may be
by the Plananing Director, shall be taken to protect them.
8. 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.
9. Roof drains shall empty onto paved areas, concrete so:ales, or other
approved dissipating devices.
10. Under -sidewalk drains shall be provided to allow on -site drainsze to be
tied in, and/or a storm drain system shall be provided for this purpose.
DEBRIS
Il. 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
12. Any relocation of improvements or public facilities shall be accomplished
at no expense to the City.
13. Right-of-way required on Dougherty Road shall be dedicated to provide a
total right-of-way width of 110 feet.
14. Dougherty Road frontage shall be improved to City standards as required
by the City Engineer. Improvements shall include curb, gutter, sidewalk,
paving, street monuments, drainage, street lights, street trees, and any
other improvements as required.
15. 78.5 feet of right-of-way required along a portion of the south property
line shall be dedicated as shown on the Tentative Map for Dublin
Boulevard extension. This shall include right-of-way across Parcel "A"
of Tract 4978. If the City needs to intervene to secure the r_eht-of-:.a:
across Parcel "A", the subdivider shall reimburse the City for all
expenses incurred.
16. All that portion of Dublin Boulevard extension required to be dedicated,
including Parcel "A", Tract 4978, shall be improved to City standards as
required by the City Engineer. The Applicant will not be required to
improve that portion lying south of the proposed median but may be
required to grade that portion to protect the median. Improvements shall
include curb, gutter, sidewalk, paving, street monuments, drainage,
-2-
PAGE
street lights, street trees, the full median including curbs and
landscaping, storm drain channel crossing, and any ocher improvements as
required.
17. The median shall be continuous except for one left -turn opening to allow
eastbound traffic to turn north into Tract 5900 ar.d one intersection
opening at the existing storm drain channel. Exact location of openings
to be determined by the City Engineer.
18. Storm drain channel crossing for the Dublin Boulevard extension shall be
constructed to conform to its ultimate configuration. The cost for that
portion south of the median shall be reimbursed when collected.
19. Dublin Boulevard extension is part of a proposed assessment district.
Developer shall cooperate with the City in the formation of the District
and agrees to pay his fair and equitable share, Improvements required
under this Tentative Map and not to be built under the proposed
accessment district shall be coordinated with the proposed accessment
district work.
20, All improvement plans shall be prepared by a civil engineer registered in
the State of California.
DRA AG
21. The 24-inch water line has approximately 4 feet of cover. This cover
should not be reduced by any grading activities. Any channel excavation
improvements which reduce this cover over the water line may require the
installation of a protective concrete cap.
22. Adjustments co the Zone 7 pipeline appurtenances and the instal? --"on of
a protective concrete cap over the water line require an encroachment
permit from ACFC & WCD, Zone 7,
23. No structures may be placed within the water line nor storm drain
easements.
24. Gates shall be installed at locations where fencing is placed across the
easement to allow for Zone 7 access.
25. The Line G-1 channel should be improved to contain the ultimate Qi_ (410
cfs) with a minimum one foot of freeboard and the ultimate Q1n0 (584 cfs)
without freeboard. A new hydrology study may be required to be submitted
to determine if the design flows could be revised to reflect the future
land use under the current General Plan and the Alameda County Flood
Hydrology and Hydraulics criteria summary.
26. The side slopes of the unprotected earth channel shall not be steeper
than 2-1/2 horizontal to 1 vertical.
27. A minimum setback of 20 feet from the top of bank shall be provided. No
buildings or permanent structures should be constructed within this
setback area,
28. No surface runoff shall be allowed to flow over the banks. The site
shall be graded to drain away from the channel and collected in an on -
site storm drain system.
29. Drainage entering the channel shall enter through reinforced concrete
pipes and be protected with outfall structures such as shorn or.ACcC &
WCD Std. Dwg. Sr 604.
30. The channel right-of-way should be fenced with six-foot black vinyl -clad
chain -link fencing.
31. A 15-foot wide access road for flood control maintenance shall be
constructed within the setback area and be connected to the proposed
Dublin Boulevard. The access road shall also be graded to drain away
from the channel at a 5% (minimum) cross -slope into a V-ditch or other
acceptable drainage facility. Cross drains should be constructed at low
points on the road.
-3-
PGE/`3.O''
32. then Dublin Boulevard extension is constructed, driveways to the existing
channel shall be provided.
33. If a culvert is proposed for the crossing at the future Dublin Boulevard
extension, such culvert shall be a minimum of 7 feet in height and 8 feet
in width.
34. Channel bends and transitions shall be protected with rock riprap or
concrete slope protection.
35. This channel is designated a proposed Special Drainage Area (SDA 7-1)
facility. Under this program the developer would become eligible_ for SDA
7-1 reimbursements provided the developer enters into an agreement wi:h
Zone 7 before any work is done. The developer must also grant feel title
to the channel right-of-way including the 20-foot setback area to Zone 7.
36. The FEMA Flood Insurance Pate Map for the City of Dublin (Panel 060705
0001A) shows the project site to be in a Special Flood Hazard Area, The
finished first floor of buildings must be elevated above the 333 foot
elevation.
DUST
37. ..__as undo going gradinz, and all ether construction a_t_. a'_1 be
watered, or other dust-pallative measures used to prevent dust, as
conditions warrant.
3S. Dust control measures, as approved by the City Engineer, shall be
followed at all times during grading and construction opera:ions.
EASEMENTS
39. Existing and proposed access and utility easements shall be submitted for
review and approval by the City Engineer prior to Final Map
These easements shall allow for practical vehicular and utility service
access for all areas.
40. A 10-foot public utility easement shall be shorn along all street
frontages.
41. All existing easements shall be shown on the Final Map unless evidence is
furnished co the City showing that all parties having a right, title, or
interest in a specific easement agree to its abandonment.
GRADING
42. The developer shall keep adjoining public streets free and clean of
project dirt, mud, materials, and debris during the constructicn period,
as is found necessary by the City Engineer.
43. 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
44. 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 maopinz
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.
45. The subdivider/developer shall be responsible for controlling any rodent,
mosquito, or other pest problem due to construction activities.
46. Comply with all zoning provisions, including Zoning Ordinance and
rezoning Conditions of Approval,
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PACE/`71OFl.
STREET TREES
47. Street trees, of at least a 15-gallon size, shall be planted at the
minimum ratio of one tree per 45 feet along the street frontages.Trees
shall be planted in accordance with a planting plan, including tree
varieties and locations, approved by the Planning Director. Trees}
planted within, or adjacent to, sidewalks shall be provided with trot
shields.
UTILITIES
4S. 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.
49. Prior to the filing of the Final Map, the subdivider shall furnish to
City Engineer with a letter from Dublin San Ramon Services District
stating that the District has agreed to furnish water and sewer service
co the subdivision.
WATER
50. Water facilities must be connected to the DSRSD system, and must .,e
installed at the expense of the developer, in accordance rDistrict
and nd 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 inspection by the District.
51. 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 perm__
obtained from Zone 7. Other wells encountered prior to or during
construction are to be treated similarly.
PASSED, APPROVED AND ADOPTED this 16th day of May, 19SS.
AYES: Commissioners Burnham, Mack, Tempel and Zika
NOES: None
ABSENT: Commissioner Barnes
ATTEST:
Planning Director
1
/
Planning Commis
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PACE
RESOLUTION NO. 90 - 063
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 90-090 J. PATRICK LAND CO. TENTATIVE MAP EXTENSION,
TRACT 5900 AT 5971 DOUGHERTY ROAD
WHEREAS, J. Patrick Land Co. has filed an application for
Tentative Map extension request for Tract 5900, requesting a two year
extension; 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 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, the State of California Subdivision Map Act and the
adopted City of Dublin Subdivision Regulations allows the approval
period of Tentative Maps to be for two and one half (2-1/2) years,
with extensions not to exceed a total of three years; and
WHEREAS, the Planning Commission did hold a public hearing on
said application on November 19, 1990; 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 that a Mitigated Negative Declaration of Environmental
Significance has been previously adopted (Planning Commission
Resolution No. 88-031) for the Tentative Tract 5900; and
WHEREAS, the Staff Report was submitted recommending approval of
the Tentative Tract Map Extension request for Tract 5900 (originally
approved under Planning Commission Resolution No. 88-031); and
WHEREAS, the Planning Commission did hear and consider all said
reports, recommendations and testimony hereinabove set forth; and
WHEREAS, the Tentative Map Extension request is consistent with
the standards established in the State of California Subdivision Map
Act and the adopted City of Dublin Subdivision Regulations.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning
Commission does hereby find:
1. The Tentative Map Extension request for Tract 5900 as
modified is consistent with the intent of applicable subdivision
regulations and City Zoning and related Ordinances.
2. The Tentative Map Extension request for Tract 5900 as
modified is consistent with the City's General Plan as they apply to
the subject property.
ATTACHMENT
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3. The Tentative Map Extension request for Tract 5900 will not
result in the creation of significant environmental impacts.
4. The Tentative Map Extension request for Tract 5900 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.
5. The site is physically suitable for the proposed future
development in that the site is indicated to be geologically
satisfactory for the type of development proposed in locations as
shown, provided the geological consultant's recommendations are
followed; and the site is in a good location regarding public services
and facilities.
6. The site is physically suitable for the proposed future
development in that the design and improvements are consistent with
those of similar existing commercial developments which have proven to
be satisfactory.
7. 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.
8. General site considerations, including lot layout,
topography, orientation and the location of future buildings,
vehicular access, circulation and parking, setbacks and similar
elements have been designed to provide a desirable environment for the
development.
9. This project will not cause serious public health problems
in that all necessary utilities are, or will be, required to be
available and Zoning, Building, and Subdivision Ordinances control the
type of development and the operation of the uses to prevent health
problems after development.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does
hereby conditionally approve the Tentative Map Extension request for
PA 90-090, prepared by Wilsey & Ham Engineers, dated received
October 5, 1990, labeled Exhibit A, on file with the Dublin Planning
Department, subject to the following conditions:
CONDITIONS OF APPROVAL:,
Unless otherwise specified, the following shall be col9lied with tprior
to the recordation of the Final Man. Each item is subject to review
and approval by the Planning Department unless otherwise specified.
1. PA 90-090 shall be subject to compliance with the conditions
of approval of Resolution No. 88-031 for the Tentative Map Tract 5900
(Attachment 1) unless modified by the conditions included in this
resolution.
2. The Tentative Map Extension request for Tract 5900 is
approved and valid until December 4, 1992.
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3. Address numbers for all development shall be visible from
the street per Dougherty Regional Fire Authority requirements
(modifies previous Condition number 5 of Resolution No. 88-031).
4. Right-of-way required on Dougherty Road shall be dedicated
to the City to provide a total right-of-way width of 110 feet as shown
on the previous approved Tentative Map PA 88-018 (modifies previous
condition number 13 of Resolution No. 88-031).
5. The area within the proposed right-of-way for the Dublin
Boulevard Extension, as established by Ordinance No. 12-88, shall be
dedicated to the City as shown on the Tentative Map for the Dublin
Boulevard Extension. This shall include right-of-way across Parcel
"A" of Tract 4978. If the City needs to intervene to secure the
right-of-way across Parcel "A", the subdivider shall reimburse the
City for all expenses incurred (modifies previous condition number 15
of Resolution No. 88-031).
6. The Line G1 channel shall be improved to contain the
ultimate Q15 flow with a minimum one foot of freeboard and the
ultimate Q100 flow without freeboard. This will include a closed
culvert under the Dublin Boulevard extension and the extension of
Chabot Road north of the Dublin Boulevard extension to the northerly
project property line. A new hydrology study may be required to be
submitted to determine if the flows could be revised to reflect the
future land use under the current General Plan and Alameda County
Flood Control Hydrology and Hydraulics criteria summary. The channel
improvements shall extend downstream from the project to Scarlett
Court (modifies previous condition number 25 of Resolution No. 88-
031).
7. The channel right-of-way shall be fenced with a six-foot
high black vinyl -clad chain link fence between the southerly side of
the Dublin Boulevard culvert to Scarlett Court (modifies previous
condition number 30 of Resolution No. 88-031).
8. When Dublin Boulevard extension is constructed, driveways to
the existing channel shall be provided. Chabot Road shall be
dedicated and improved from Dublin Boulevard north to the tract
boundary (modifies previous condition number 32 of Resolution No. 88-
031).
PASSED, APPROVED AND ADOPTED this 19th day of November, 1990.
AYES: Commissioners Barnes, Burnham, Springer and Zika
NOES: None
ABSENT: None
ATTEST:
()\-(6
Planning Directo
PlanningCommiss)(on Chairperson
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