HomeMy WebLinkAboutReso 45-16 Grafton Plaza PM 10365 RESOLUTION NO. 45-16
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * ** * ** ** *
APPROVING VESTING TENTATIVE PARCEL MAP 10365
FOR THE GRAFTON PLAZA SITE
(APN 985-0061-010)
PLPA 2015-00048
WHEREAS, Martin Indertizen, on behalf of the property owner, has requested approval
of Vesting Tentative Parcel Map 10365 to subdivide ±12.23 acres consistent with a Planned
Development rezoning with related Stage 2 Development Plan for the development of mixed use
retail, hotel, and residential uses (115 units) for a total of approximately 337,349 square feet.
The proposed development and applications are collectively known as Grafton Plaza (the
"Project"); and
WHEREAS, the project site is located at the southeast corner of Dublin Boulevard and
Grafton Street in the Eastern Dublin Specific Plan area; and
WHEREAS, the proposed subdivision of the ±12.23 acre parcel results in three parcels as
follows: Parcel 1 = ±6.55 acres, Parcel 2 = ±2.00 acres, and Parcel 3 = ±3.68 acres; 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 Parcel Map is acted upon, and a Parcel
Map is approved consistent with the Subdivision Map Act and City of Dublin Subdivision
Regulations; and
WHEREAS, Section 66426 of the Subdivision Map Act states that a Tentative Parcel Map
is required when the parcels are created for a commercial and/or residential development of 4
lots or less; and
WHEREAS, a complete application for Vesting Tentative Parcel Map 10365 is on file in
the Community Development Department, Planning Division; and
WHEREAS, the Zoning Administrator held a public hearing on October 7, 2015 and
approved the Vesting Tentative Parcel Map (Resolution 15-03). An appeal was filed on October
15, 2015 by Mr. Abe Gupta. Subsequently, on November 3, 2015, Martin Inderbitzen on behalf
of his client S and V LLC, withdrew the application. Mr. Inderbitzen re-submitted the application
for the Vesting Tentative Parcel Map so that it could be considered by the Planning Commission
and City Council with the other applications for Grafton Plaza ; and
WHEREAS, the California Environmental Quality Act (CEQA), together with State CEQA
Guidelines and City Environmental Regulations require that certain projects be reviewed for
environmental impacts and that environmental documents be prepared; and
Page 1 of 8
WHEREAS, the project site has been addressed in three prior CEQA reviews, the
Eastern Dublin EIR (SCH 91103064), the Area H Mitigated Negative Declaration (SCH
99112042), and most recently, a 2010 Mitigated Negative Declaration. The 2010 MND was
prepared in connection with approvals for a mixed use project on the site, including the current
Planned Development zoning with related Stage 1 Development Plan. The proposed project is
consistent with the development analyzed in the prior documents and the 2010 approvals and
no further environmental review is required;
WHEREAS, Staff reviewed the current project against the prior CEQA reviews and related
approvals to determine if any further analysis is required. The project is consistent with the 2010
approvals and the development assumed in the prior EIR and MNDs, and is subject to all
previously adopted mitigation measures, as applicable. Based on Staff's review, the City has
determined that no further environmental review is required since: a) no new significant impacts
were identified beyond those in the prior CEQA reviews; b) the proposed subdivision would not
cause the original project to exceed the thresholds identified in previous environmental analyses
for this development site; and c) the environmental impacts of this subdivision project were fully
addressed and within the scope of the previous environmental documentation and analyses,
including the EIR and two MNDs; and
WHEREAS, on February 9, 2016, the Planning Commission adopted Resolution 16-01
recommending that the City Council approve Vesting Tentative Parcel Map 10365 based on the
findings and conditions of approval contained herein, which resolution is incorporated herein by
reference; and
WHEREAS, on April 5, 2016, the City Council held a properly noticed public hearing on
the Project, including the proposed Vesting Tentative Parcel Map 10365, Planned Development
rezoning with related Stage 2 Development Plan, two separate Site Development Review
Permits for hotel and residential uses, and Vesting Tentative Map 8293 for 115 condominium
units, at which time all interested parties had the opportunity to be heard; and
WHERERAS, on April 19, 2016, the City Council adopted an Ordinance approving a
Planned Development rezoning with related Stage 2 Development Plan; and
WHEREAS, a Staff Report for the City Council, dated April 5, 2016 and incorporated
herein by reference, described and analyzed the Project, including Vesting Tentative Parcel
Map 10365; and
WHEREAS, the City Council did hear and consider all said reports, recommendations
and testimony herein above set forth and used its independent judgment to evaluate the project.
NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and
correct and made a part of this resolution.
BE IT FURTHER RESOLVED THAT that the City Council of the City of Dublin hereby
makes the following findings and determinations regarding the proposed Vesting Tentative
Parcel Map 10365 for the 12.23 acre Grafton Plaza site:
A. Vesting Tentative Parcel Map 10365 is consistent with the intent of applicable
subdivision regulations and related ordinances.
Page 2 of 8
B. The design or improvements of Vesting Tentative Parcel Map 10365 is
consistent with the City's General Plan policies as they apply to the subject
property in that it is a subdivision to create three parcels on a vacant, rough-
graded site with some perimeter public improvements and would facilitate future
mixed use development under the Mixed Use 2/Campus Office land use
designation.
C. Vesting Tentative Parcel Map 10365 is consistent with the Eastern Dublin Specific
Plan and existing Planned Development Zoning Stage 1 Development Plan; it is also
consistent with the Planned Development Zoning with related Stage 2 Development
Plan approved for the site on April 19, 2016 through Ordinance 5-16, which
ordinance is incorporated herein by reference.
D.
E. The Project Site is ±12.23 acres of relatively flat topography located adjacent to
Dublin Boulevard, which currently is improved, and therefore is physically
suitable for the type and density of development of the permitted uses.
F. Vesting Tentative Parcel Map 10365 will not cause environmental damage or
substantially injure fish or wildlife or their habitat, or cause public health concerns
because any future development of the site would be subject to all previously
adopted mitigation measures from the prior EIR and MNDs related to biological
resources. Also, the project site is not on the Cortese list.
G. The design of Vesting Tentative Parcel Map 10365 will not conflict with
easements acquired by the public at large, or access through or use of
property within the proposed subdivision. The City Engineer has reviewed
Vesting Tentative Parcel Map 10365 and title report and has not found any
conflicting easements of this nature.
BE IT FURTHER RESOLVED that the City Council of City of Dublin does hereby
approve Vesting Tentative Parcel Map 10365 for the Grafton Plaza site, to subdivide
±12.23 acres of land into three parcels, as shown on the project plans prepared by
Mackay & Somps, dated received on January 21, 2016, and incorporated herein by
reference and attached as Exhibit A subject to the following Conditions of Approval:
CONDITIONS OF APPROVAL
Unless stated otherwise, all Conditions of Approval shall be complied with prior to
approval of parcel map, and shall be subject to Planning Division review and approval.
The following codes represent those departments/agencies responsible for monitoring
compliance of the conditions of approval: [PL] Planning; [B] Building; [P0] Police; [PW]
Public Works; [ADM] Administration/City Attorney; [FIN] Finance; [PCS] Parks and
Community Services; [F] Dublin Fire Prevention; [DSR] Dublin San Ramon Services
District; [LOO] Livermore Dublin Disposal; [CO] Alameda County Department of
Environmental Health; [Zone 7] Alameda County Flood Control and Water Conservation
District, Zone 7; [LAVTA] Livermore Amador Valley Transit Authority; and CHS
California Department of Health Services.
Page 3 of 8
NO. Agency When Source
CONDITIONS OF APPROVAL Required,
Prior to:
PLANNING
1. An adopted Planned Development Rezone with PL Development Planning
a related Stage 2 Development Plan that
addresses all parcels created by this map is
required prior to development of any parcel
created by this map.
PUBLIC WORKS — PROJECT SPECIFIC CONDITIONS
2. Deferral of Frontage Improvements. Pursuant PW Parcel Map Public
to Section 66411.1 of the Subdivision Map Act, Works
installation of frontage improvements (including
bus stop relocation) required in the conditions
below may be deferred until such time that a
permit or other grant of approval for
development on any of the parcels created is
issued by the City. If the owner chooses to defer
such improvements, a Deferred Improvement
Statement shall clearly be included on the first
sheet of the Parcel Map.
3. Dublin Boulevard. The Applicant shall install PW Parcel Map or Public
an eight foot (8') wide sidewalk and ten foot (10') Issuance of Works
wide (inclusive of curb) landscape strip along the Permit or Grant
Dublin Boulevard frontage of Parcel 3, within the of Approval for
existing Dublin Boulevard right-of-way and Development of
extending from the common property line Parcel 1
between Parcel 1 and Parcel 3 to the existing
curb ramp at the southeast return of Dublin
Boulevard and Grafton Street.
4. Dublin Boulevard Bus Stop Relocation. The PW Parcel Map Public
Applicant shall relocate the existing bus stop Works
pullout and bus shelter along the Dublin
Boulevard frontage of Parcel 3 westerly along
said frontage to a location to be approved by the
City Engineer. Applicant shall install the bus
shelter, including appropriate lighting, per the
requirements of LAVTA and the City of Dublin.
The bus shelter shall be fitted with electricity for
lighting.
5. Dublin Boulevard Dedication. An additional PW Parcel Map Public
two feet (2') of right of way shall be provided for Works
a length of at least twenty feet (20') at the
relocated bus stop on Dublin Boulevard to
Page 4 of 8
NO. Agency When Source
CONDITIONS OF APPROVAL Required,
Prior to:
accommodate the bus shelter. The additional
right-of-way shall be delineated and dedicated
on the Final Parcel Map.
6. Maintenance of Grafton Street — Agreement PW Parcel Map Public
Amongst Tenants. The Applicant shall establish Works
a mechanism or cause any existing mechanism
to be amended as needed due to the creation of
additional parcels fronting Grafton Street to
ensure that there are adequate provisions for the
maintenance in good repair and on a regular
basis, of the landscaping, drainage, lighting,
signs, pavement and other common
improvements along private section of Grafton
Street. The Applicant shall submit a copy of the
new or amended mechanism to the City for
review and approval pursuant to this condition.
7. Public Service Easement. A 3' wide Public PW Parcel Map Public
Service Easement shall be dedicated along the Works
map's entire Dublin Boulevard and Grafton
Street frontages to allow for the proper
placement of public utility vaults, boxes,
appurtenances or similar items behind the back-
of-sidewalk. Private improvements such as
fences, gates or trellises shall not be located
within the public service easement.
PUBLIC WORKS STANDARD CONDITIONS OF APPROVAL
8. Developer shall comply with the City of Dublin PW Ongoing Standard
Public Works Standard Conditions of Approval Condition
contained below ("Standard Condition") unless
specifically modified by Project Specific
Conditions of Approval above.
9. The Developer shall comply with the Subdivision PW Ongoing Standard
Map Act and the City of Dublin Subdivision Condition
Ordinance in effect at the time of the filing of the
Final Parcel Map.
10. The Developer shall defend, indemnify, and hold PW Ongoing Standard
harmless the City of Dublin and its agents, Condition
officers, and employees from any claim, action,
or proceeding against the City of Dublin or its
agents, officers, or employees to attack, set
aside, void, or annul an approval of the City of
Dublin or its advisory agency, appeal board,
Page 5 of 8
NO. Agency When Source
CONDITIONS OF APPROVAL Required,
Prior to:
Planning Commission, City Council, Community
Development Director, Zoning Administrator, or
any other department, committee, or agency of
the City related to the project to the extent such
actions are brought within the time period
required by Government Code Section 66499.37
or other applicable law; provided, however, that
the Developer's duty to so defend, indemnify,
and hold harmless shall be subject to the City's
promptly notifying the Developer of any said
claim, action, or proceeding and the City's full
cooperation in the defense of such actions or
proceedings.
11. In the event that there needs to be clarification to PW Ongoing Standard
these Conditions of Approval, the Director of Condition
Community Development and the City Engineer
have the authority to clarify the intent of these
Conditions of Approval to the Developer without
going to a public hearing. The Director of
Community Development and the City Engineer
also have the authority to make minor
modifications to these conditions without going
to a public hearing in order for the Developer to
fulfill needed improvements or mitigations
resulting from impacts of this project.
12. If there are conflicts between the Tentative Map PW Ongoing Standard
approval and the SDR approval pertaining to Condition
mapping or public improvements the Tentative
Map shall take precedent.
PERMITS
13. Developer shall obtain an Encroachment Permit PW Prior to Start of Standard
from the Public Works Department for all Work Within Condition
construction activity within the public right-of-way Public Right of
of any street where the City has accepted the Way
improvements. The encroachment permit may
require surety for slurry seal and restriping. At
the discretion of the City Engineer an
encroachment for work specifically included in
an Improvement Agreement may not be
required.
14. Developer shall obtain all permits required by PW Prior to Start of Standard
other agencies including, but not limited to
Page 6 of 8
NO. Agency When Source
CONDITIONS OF APPROVAL Required,
Prior to:
Alameda County Flood Control and Water Work Condition
Conservation District Zone 7, California
Department of Fish and Game, Army Corps of
Engineers, Regional Water Quality Control
Board, Caltrans and provide copies of the
permits to the Public Works Department.
SUBMITTALS
15. The Developer will be responsible for submittals PW Approval of Standard
and reviews to obtain the approvals of all Final Parcel Condition
participating non-City agencies. Map
16. Developer shall provide the Public Works PW Approval of Standard
Department a digital vectorized file of the Final Parcel Condition
"master" files for the project when the Final Map Map
has been approved. Digital raster copies are not
acceptable. The digital vectorized files shall be
in AutoCAD 14 or higher drawing format.
Drawing units shall be decimal with the precision
of the Final Map. All objects and entities in
layers shall be colored by layer and named in
English. All submitted drawings shall use the
Global Coordinate System of USA, California,
NAD 83 California State Plane, Zone Ill, and
U.S. foot.
PARCEL MAP
17. All rights-of-way and easement dedications PW Approval of Standard
required by the Tentative Map shall be shown on Final Parcel Condition
the Parcel Map Map
EASEMENTS
18. The Developer shall obtain abandonment from PW Approval of Standard
all applicable public agencies of existing Final Parcel Condition
easements and right-of-ways that will no longer Map
be used, if any.
Page 7 of 8
PASSED, APPROVED, AND ADOPTED this 5th day of April, 2016, by the following vote:
AYES: Councilmembers Biddle, Hart, and Wehrenberg
NOES: Mayor Haubert
ABSENT: None
ABSTAIN: Vice Mayor Gupta
4 A—yor
ATTEST:
(AAA/
City Clerk
Reso No.45-16,Adopted 4-5-16, Item 6.2
Page 8 of 8
VESTING TENTATIVE PARCEL MAP
DUBLIN, CALIFORNIA
JANUARY 2016
/
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TRACT 7148 /
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TRACT 7327
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NOTE:
THE AREA DESIGNATED GRAFTON STREET IS A COMMON AREA AND WAS NOT DEDICATED FOR THE
USE BY THE GENERAL PUBLIC, BUT IS FOR THE USE OF THE OWNERS OF PARCELS 1 THROUGH 4 OF
PARCEL MAP 9003 FOR, BUT NOT LIMITED TO, ACCESS, PARKING, UTILITIES, DRAINAGE, INGRESS AND
EGRESS, AND FOR THE CONDTRUCTION MAINTENANCE OF LANDSCAPING AND ALL APPURTENANCES
TO THE LANDSCAPING, ALL IN ACCORDANCE WITH THE SUBDIVISION RESTRICTIONS GOVERNING THIS
PROJECT.
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Line Table
Line #
Bearing
Length
L1
N83 041'08 "E
47.17'
L2
N83 041'08 "E
35.13'
NO.
0 30 60 120
SCALE: 1 " =60'
TENTATIVE MAP NOTES:
f on�t/►w
2. APPLICANT:
3. ENGINEER/PLANNER:
4. GEOTECHNICAL CONSULTANTS:
5.
UBJECT
VICINITY MAP
N.T.S.
Eo�nti. e ,
co��CQ CoSEoCoU��y Un
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LEGEND
EXISTING / BY OTHERS PROPOSED
1
BASIS OF BEARINGS:
BOUNDARY LINE
RIGHT OF WAY
PARCEL LINE
PARCELNUMBER
THE BASIS OF BEARINGS SHOWN HEREON, IS THE LINE BETWEEN USC &GS
TRIANGULATION STATIONS "FALLON" AND "MOUNT DIABLO TOWER ". THE
GRID BEARING CALCULATED FROM PUBLISHED CCS 27 ZONE 3 GRID
COORDINATES FOR THIS LINE IS TAKEN AS NORTH 15 °44'21" WEST.
EASEMENT ABBREVIATIONS:
PAE - PRIVATE ACCESS EASEMENT
DSRSD - SEWER / WATER EASEMENT
PSDE - PRIVATE STORM DRAIN EASEMENT
EVAE - EMERGENCY VEHICLE ACCESS EASEMENT
PSE - PUBLIC SERVICE EASEMENT
BLD - BUILD RESTRICTION ZONES
S AND V, LLC
S AND V, LLC
4080 GRAFTON PLAZA SUITE 200
DUBLIN, CA 94563
CONTACT: JIM TONG, MANAGER
MACKAY & SOMPS
5142 FRANKLIN DR, SUITE B
PLEASANTON, CA 94588 -3355
CONTACT: JIM TEMPLETON / JACQUELYN BAYS
BERLOGAR STEVENS ASSOCIATES
5587 SUNOL BLVD
PLEASANTON,CA94566
CONTACT: FRANK BERLOGAR
City of Dublin
APPROVED
n .I / I _ n na
DEVELOPABLE AREAS B I
TO INUNDATION: NONE PER FIRM MAP No. 06070500026 Y
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0
z
Curve #
Radius
Delta
Length
C1
33.50'
11 051'09"
6.93'
C2
51.50'
12 023'56°
11.14'
C3
45.50'
12 023'56"
]1085 .'
C4
39.50'
15 010'19"
.46'
NO.
0 30 60 120
SCALE: 1 " =60'
TENTATIVE MAP NOTES:
f on�t/►w
2. APPLICANT:
3. ENGINEER/PLANNER:
4. GEOTECHNICAL CONSULTANTS:
5.
UBJECT
VICINITY MAP
N.T.S.
Eo�nti. e ,
co��CQ CoSEoCoU��y Un
° SITE
P\GOP 0
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2 DUBLIN BOULEVARD a
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1 -580 z it
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PLEASANTON w
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LEGEND
EXISTING / BY OTHERS PROPOSED
1
BASIS OF BEARINGS:
BOUNDARY LINE
RIGHT OF WAY
PARCEL LINE
PARCELNUMBER
THE BASIS OF BEARINGS SHOWN HEREON, IS THE LINE BETWEEN USC &GS
TRIANGULATION STATIONS "FALLON" AND "MOUNT DIABLO TOWER ". THE
GRID BEARING CALCULATED FROM PUBLISHED CCS 27 ZONE 3 GRID
COORDINATES FOR THIS LINE IS TAKEN AS NORTH 15 °44'21" WEST.
EASEMENT ABBREVIATIONS:
PAE - PRIVATE ACCESS EASEMENT
DSRSD - SEWER / WATER EASEMENT
PSDE - PRIVATE STORM DRAIN EASEMENT
EVAE - EMERGENCY VEHICLE ACCESS EASEMENT
PSE - PUBLIC SERVICE EASEMENT
BLD - BUILD RESTRICTION ZONES
S AND V, LLC
S AND V, LLC
4080 GRAFTON PLAZA SUITE 200
DUBLIN, CA 94563
CONTACT: JIM TONG, MANAGER
MACKAY & SOMPS
5142 FRANKLIN DR, SUITE B
PLEASANTON, CA 94588 -3355
CONTACT: JIM TEMPLETON / JACQUELYN BAYS
BERLOGAR STEVENS ASSOCIATES
5587 SUNOL BLVD
PLEASANTON,CA94566
CONTACT: FRANK BERLOGAR
City of Dublin
APPROVED
n .I / I _ n na
DEVELOPABLE AREAS B I
TO INUNDATION: NONE PER FIRM MAP No. 06070500026 Y
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SUBDIVIDED AREA:
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18. UTILITIES IN PRIVATE STREETS ARE TO BE INSTALLED IN CONFORMANCE WITH STANDARDS LISTED IN NOTES
19747-0
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z
19. THE APPLICANT IN CONJUNCTION WITH THE CITY RESERVES THE RIGHT TO MAKE MINOR MODIFICATIONS TO
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THE INTERNAL LOT LINES AND EASEMENTS PRIOR TO RECORDATION OF THE PARCEL MAP. SAID
7.
ASSESSOR'S/TRACT PARCEL
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SUBDIVIDED AREA:
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18. UTILITIES IN PRIVATE STREETS ARE TO BE INSTALLED IN CONFORMANCE WITH STANDARDS LISTED IN NOTES
19747-0
8 THROUGH 12 ABOVE.
19. THE APPLICANT IN CONJUNCTION WITH THE CITY RESERVES THE RIGHT TO MAKE MINOR MODIFICATIONS TO
SHT
THE INTERNAL LOT LINES AND EASEMENTS PRIOR TO RECORDATION OF THE PARCEL MAP. SAID
7.
ASSESSOR'S/TRACT PARCEL
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NUMBER: 985 - 0061 -010 O.: !Y�8.
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WA TER/SEWER SYSTEM:
TO BE INSTALLED IN CONFORMANCE WITH DUBLIN ate: `�
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SAN RAMON SERVICES DISTRICT ( DSRSD) STANDARDS.
9.
DRAINAGE:
TO BE INSTALLED IN CONFORMANCE WITH CITY OF DUBLIN
STANDARDS.
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10.
GAS & ELECTRICITY:
TO BE INSTALLED IN CONFORMANCE WITH
Q
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STANDARDS OF PACIFIC GAS AND ELECTRIC CO.
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11.
TELEPHONE:
TO BE INSTALLED IN CONFORMANCE WITH STANDARDS OF AT &T.
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12.
CABLE:
TO BE INSTALLED IN CONFORMANCE WITH STANDARDS OF COMCAST.
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13.
EXISTING ZONING:
MIXED USE 2 / CAMPUS OFFICE (MU2 / CO)
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14.
EXISTING LAND USE:
VACANT
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JAN 2 0 2016
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15.
PROPOSED LAND USE:
MIXED USE MEDIUM -HIGH DENSITY RESIDENTIAL: AIR SPACE CONDOMINIUM
MIXED USE COMMERCIAL DUBLIN PLANNIN
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16.
THE ELEVATION DATUM IS PER ALAMEDA COUNTY BENCHMARK. THE TOPOGRAPHY WAS BASED ON AN
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AERIAL FLIGHT DONE BY HJW GEOSPATIAL, INC.
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17. UNLESS OTHERWISE SPECIFICALLY STATED IN THE CONDITIONS OF APPROVAL, LOCAL AGENCY APPROVAL
OF THIS MAP SHALL CONSTITUTE AN EXPRESS FINDING THAT THE PROPOSED DIVISION AND DEVELOPMENT
OF THE SUBJECT PROPERTY WILL NOT UNREASONABLY INTERFERE WITH THE FEE AND COMPLETE EXERCISE
OF RIGHTS DESCRIBED IN GOVERNMENT CODE SECTION 66436(a)(3)(A)(i)
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m
o
PROJECT NO.
18. UTILITIES IN PRIVATE STREETS ARE TO BE INSTALLED IN CONFORMANCE WITH STANDARDS LISTED IN NOTES
19747-0
8 THROUGH 12 ABOVE.
19. THE APPLICANT IN CONJUNCTION WITH THE CITY RESERVES THE RIGHT TO MAKE MINOR MODIFICATIONS TO
SHT
THE INTERNAL LOT LINES AND EASEMENTS PRIOR TO RECORDATION OF THE PARCEL MAP. SAID
MODIFICATIONS MAY BE REQUIRED AS THE SITE PLAN IS REFINED DURING PROCESSING OF THE PROJECT.
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