HomeMy WebLinkAboutPC Reso 08-17 Appv TMap 9783 for The Green Pa07-019RESOLUTION NO. 08-17
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING TENTATIVE PARCEL MAP 9783 FOR
THE GREEN ON PARK PLACE PROJECT, LOCATED l~/O ARNOLD ROAD, W/O
HACIENDA DRIVE, S/O MARTINELLI WAY AND N/O I-580
(APNS: 986-0033-002, 986-0033-003), P.~ 07-019
WHEREAS, Jim Wright of I31ake Hunt Ventures is requesting; approval of Tentative Parcel Map
9783 to merge two parcels (APNs: 986-0033-002, 986-0033-003) into one parcel of +27.45 acres; and
WHEREAS, The proposed T'PM 9783 will allow for the orderly merging of two parcels into one
for the purposes of constructing The Green on Park Place Retail Center, consistent with the City of Dublin
General Plan and Eastern Dublin Specific Plan for the division of lane; and
WHEREAS, Government Code Sections 66428 of the Subdivision Map Act provide that a
Tentative Parcel Map may be used when the purpose of the map is to ~;reate 4 or fewer parcels; and
WHEREAS, the Applicant/Developer has submitted an application for a Tentative Parcel Map
received July 8, 2008, on file in the Community Development Department, Planning Division; and
WHEREAS, pursuant to the California Enviromnental Quality Act (CEQA), Staff is
recommending that the project be found Categorically Exempt from CEQA pursuant to CEQA Section
15315, Class 15 Minor Land Divisions; and
WHEREAS, the Planning Commission did hold a public he~.ring on said application on July 22,
2008; and
WHEREAS, proper notice oi'said public hearing was given ir. all respects as required by law; and
WHEREAS, a Staff Report was submitted to the Planning Commission recommending approval
of Tentative Parcel Map 9783 subject to the conditions prepared by Stiff; and
WHEREAS, the Planning Commission did hear and use its independent judgment and considered
all said reports, recommendations and testimony hereinabove set forth.
NOW, THERFORE, BE IT RESOLVED that the City of Dublin Planning Commission does
hereby find:
A. Tentative Parcel Map 9783 is consistent with the intent of applicable subdivision regulations
and related ordinances.
B. The design and improvements of Tentative Parcel Map 97f,3 are consistent with the General
Plan and Eastern Dublin Specific Plan objectives, polices, ;;eneral land uses, and programs as
they relate to the subject property in that it is merging of tv-o parcels for the implementation of
General Commercial use ~md is designated for this type of developments.
C. Tentative Parcel Map 9783 is consistent with the General Provisions and Development
Standards for the Planned Development Zoning District fay The Green at Park Place, and
therefore is consistent with the City of Dublin Zoning Ordinance.
D. The project site is located adjacent to major roads, includi~ig I-580, Hacienda Drive, Martinelli
Way, and Arnold Road, on approximately 27.45 acre;; of land. The topography of the
property is generally flat. The site is physically suitable for the type and intensity of the
proposed General Commercial development proposed.
E. The Tentative Parcel Map will not cause environmental damage or substantially injure fish or
wildlife of their habitat or cause public health concerns t~ecause the proposed project is only
for the combining of the land and not for any physical improvements.
F. The design of the subdivision 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 the map and title; report and has not found any conflicting easements of this nature.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City of Dublin Planning Commission
hereby conditionally approves PA 07-019 Tentative Parcel Map 9783, to combine two parcels into one,
prepared by JMH Weiss, received on July 8, 2008, attached to the staff report as Sheet C-5 of Attachment
5, and stamped approved and on file in the Community Development Department, except as specifically
modified by the Conditions of Approval contained below.
CONDITIONS OF APPROVAL:
Unless stated otherwise. all Conditions of Approval shall be complied with prior to the issuance of
building permits or establishment of use, and shall be subject to Planning Department review and
~~roval. The following codes represent those departments/agencies responsible for monitoring
compliance of the conditions of approval: LL] Planning=[B] Buildin~,~[PO] Police, [PW] Public Works,
ADM] Administration/City Attorne~[FIN] Finance, [F] Alameda County Fire Department, [DSRSDI
Dublin San Ramon Services District, NCO] Alameda County Departm~,nt of Environmental Health.
NO. CONDITION TEXT R]ESP. WHEN SOURCE
AGENCY REQ~D
Prior to:
PLANNING
1. Fees. Applicant/Developer shall pay all applicable fees B. PL, Issuance of Standard
in effect, including, but not limited to, Planning fees, ADIv1, PW Building Permits
Building fees, Traffic Impact Fees, TVTC fees, Dublin
San Ramon Services District fees, Public Facilities fees,
Dublin Unified School District School Impact fees, Fire
Facilities Impact fees, Noise Mitigation fees,
Inclusionary Housing In-Lieu fees, Alameda County
Flood and Water Conservation District (Zone 7)
Drainage and Water Connection fees; or any other fee
that ma be ado ted and a licable.
2. Required Permits. Applicant/Developer shall comply PL,/PW Issuance of Standard
with the City of Dublin Zoning Ordinance and obtain all Building Permits
necessary permits required by other agencies (Alameda
Coup Flood Control District Zone 7, California
2
NO. CONDITION TEXT RESP. WHEN SOURCE
AGENCY REQ~D
Prior to:
Department of Fish and Game, Army Corps of
Engineers, Regional Water Quality Control Board, State
Water Quality Control Board, Etc.) and shall submit
copies of the permits to the Department of Public
Works.
PUBLIC WORKS
3. General Public Works Conditions of Approval: ''W Ongoing Public
Developer shall comply with the City of Dublin General Works
Public Works Conditions of Approval for Parcel Map
9783 unless specifically modified by these Conditions of
A royal.
4. Clarifications and Changes to the Conditions. In the ?W Approval of Public
event that there needs to be clarification to these Parcel Map Works
Conditions of Approval, the Directors of Community
Development and Public Works have the authority to
clarify the intent of these Conditions of Approval to the
Applicant/Developer by a written document signed by
the Directors of Community Development and Public
Works and placed in the project file. The Directors 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 irripacts of this project.
5. Substantial Conformance. The final Parcel Map shall ''W Approval of Public
be substantially in conformance with Tentative Parcel Parcel Map Works
Map 9783 unless otherwise modified by the conditions
contained herein.
6. Conditions of Approval. A copy of the Conditions of ]'W Approval of Public
Approval which has been annotated how each condition Parcel Map Works
is satisfied shall be included with the submittals to the
Public Works Department for the review of the Parcel
Map and improvements plans. The notations shall clearly
indicate how all Conditions of Approval will be complied
with, and where they are located on the plans. Submittals
will not be acce ted without the annotated conditions.
7. Title Report. A current preliminary title report (not Approval of
more than 6 months old as of date of submittal) together Parcel Map
with copies of all recorded deeds, easements and other
encumbrances and copies of Final Maps for adjoining
properties and off-site easements shall be submitted for
reference as deemed necessary by the City
En ineer/Director of Public Works.
8. Tentative Parcel Map Expiration. The Tentative 1'W Approval of Public
Parcel Map shall have that life determined by the Parcel Map Works
Subdivision Map Act, including but not limited to
Section 66452.6.
9. Parcel Map 9783. The Applicant/Developer shall have a PW Prior to approval Public
re istered civil en ineer or a licensed land surve or of Parcel Ma / Works
NO. CONDITION TEXT RESP. WHEN SOURCE
AGENCY REQ~D
Prior to:
prepare the final Parcel Map into the configuration, size Improvement
and number of parcels shown on the approved Vesting Plans and
Tentative Map 9783, and in accordance with the Issuance of
requirements of the Subdivision Map Act and City of Building Permit
Dublin standards. The map shall be prepared
concurrently with the improvement plans and shall be
reviewed and approved by the City Engineer and/or
Public Works Director rior to recordation.
10. Easements. Applicant/Developer shall dedicate 1'W Prior to approval Public
easements on the Parcel Map 9783 or by separate of Parcel Map/ Works
instrument as follows: Improvement
Plans
a. Storm Drain Easement (SDE)
b. Private Storm Drain Easement (PSDE) for on-site
private storm drain system, detention bays and clean
water structures.
c. Emergency Vehicle Access Easement (EVAE)
granted to the City of Dublin at locations dictated by
the Pire Marshal.
d. Sidewalk Easement (SWE) on the eastside of Arnold
Road at future Altamirano Avenue.
e. Traffic Signal Easement (TSE) at the westerly
approach of future Altamirano Avenue.
f. Roadway dedication along Martinelli Way and
Arnold Road, SWE and TSE as shown on Tentative
Map 9783.
g. Public Art Easement as required by Planning
Division.
h. Sanitary Sewer and Waterline easements as required
by DSRSD.
i. Private Utility Easement for storm drain, electrical,
telephone, and any other common utilities being
shared by different parcels.
j. Any other easements deemed reasonably necessary
by the City Engineer and/or Public Works Director
during final design and/or construction.
Easements to be dedicated by separate instruments shall
be submitted for review and shall be recorded prior to or
concurrentl with Parcel Ma 9783.
11. Summary Vacation of Existing Public Easements. Prior to approval
Public Easements that are no longer necessary based on of Parcel Map/
the current site layout and right-of--way configuration Improvement
shall be summarily vacated pursuant to §66499.20'h of Plans
the Subdivision Map Act and pursuant to Division 9, Part
3, Chapter 4, Article 1, §8333 of the Streets and
Hi hwa s Code.
12. Submittal Requirements. A complete submittal of During Plan
arcel or final ma to Public Works De artment includes Check
NO. CONDITION TEXT RESP. WHEN SOURCE
AGENCY REQ~D
Prior to:
copies of the following:
a. 1 Improvement Plans (including grading,
erosion/sediment control, signing, striping, lighting,
and landscape/irrigation) prepared under the
direction of a Registered Civil Engineer. All printing
and lettering shall be 1/8" minimum height and such
shape and weight as to be readily legible on prints
and microfilm reproductions.
b. 2 Tentative parcel maps
c. 6 Parcel or Final Maps and closure calculations,
together with all reference maps, data and all
pertinent recorded documents
d. 2 Title Reports with all exceptions
e. 2 Annotated copies of final Conditions of Approval
13. Final Parcel Map. When approved, the applicant shall Prior to approval
obtain signatures and provide the original mylar sheets by City Council
for City signatures. After City Council approval of the
final map, and within two weeks of the approval date, the
City will forward the map to the title company to record
parcel map with the Alameda County Recorder's office
at the applicants cost. The applicant shall be responsible
payment of taxes and any other cost associated with
recordin the arcel ma
14. The Developer shall comply with the Subdivision Map 1'W Ongoing Standard
Act, the City of Dublin Subdivision, and Grading
Ordinances, the City of Dublin Public Works Standards
and Policies, and all building and fire codes and
ordinances in effect at the time of building permit. All
public improvements constructed by Developer and to be
dedicated to the City are hereby identified as "public
works" under Labor Code section 1771. Accordingly,
Developer, in constructing such improvements, shall
comply with the Prevailing; Wage Law (Labor Code.
Sects. 1720 and followin
15. The Developer shall defend, indemnify, and hold 1'W Ongoing Standard
harmless the City of Dublin and its agents, 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, Planning
Commission, City Council, Planning Commission,
Zoning Administrator, or any other department,
committee, or agency of the City related to this project
(Tract 7586) 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,
indemni ,and hold harmless shall be sub'ect to the
NO. CONDITION TEXT RESP. WHEN SOURCE
AGENCY REQ~D
Prior to:
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
roceedin s.
16. In the event that there needs to be clarification to these 1'W Ongoing Standard
Conditions of Approval, the Director of 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
im acts of this ro'ect.
17. Developer shall provide the Public Works Department a 1'W Approval of Standard
digital vectorized file of the "master" files for the project Parcel Map
when the Final 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 (~alifornia State Plane, Zone
[II, and U.S. foot.
PASSED, APPROVED and ADOPTED this 22"d day of July 2008.
Planning Commission Chair
ATTEST:
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Planning Mana