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HomeMy WebLinkAboutPC Reso 91-062 Patrick Land Co TMAP Amendment RESOLUTION NO. 91-062 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 91-091 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 - � n 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 - 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: Commissioners Barnes, Burnham, North and Rafanelli NOES: None ABSENT: Commissioner Zika /%/ l/ )/ //41///41/ Planning Commission Chairperson ATTEST: Planning Direct - 3 -