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HomeMy WebLinkAboutAttachmt 5 Reso CC AppvPD Stg 2 RESOLUTION NO. 05 - XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL APPROVE A PD-PLANNED DEVELOPMENT REZONE WITH STAGE 2 DEVELOPMENT PLAN FOR THE BRADDOCK AND LOGAN PROPERTIES PORTION OF FALLON VILLAGE PA 05-038 WHEREAS, the City Council initiated a general and specific plan amendment study for the Eastern Dublin Property Owners (EDPO) area (Resolution 167-02). Braddock and Logan submitted a related general and specific plan amendment and PD-Planned Development district rezoning with Stage 1 Development Plan for future development of up to 3,108 dwellings at a variety of densities; up to 2,503,175 square feet of commercial, office, light industrial and mixed use development; two elementary school sites, parks, utility extensions and open spaces located on an approximately 1,134 acre site located in an area bounded by 1-580 to the south, Fallon Road and the Dublin Ranch development to the west, the easterly Dublin city limit line to the east, and the northerly Dublin city limit line to the north. These applications for the entire 1,134 acre area comprise PA 04-040 and are referred to herein as the "Fallon Village project" or the "project"; and WHEREAS, Braddock and Logan submitted related development applications, including a Stage 2 Development Plan, vesting tentative maps, and other requests for the northerly 488 acres to include development of 1,078 dwellings along with elementary schools, parks, and open space (PA 05-038). These applications are referred to herein as the "Developer's project"; and WHEREAS, the project site is currently undeveloped and is used for farming, grazing, storage, and other rural uses; and WHEREAS, the project site is in Eastern Dublin for which the City adopted the 1993 Eastern Dublin General Plan Amendment and Specific Plan to provide a comprehensive planning framework for future development of the area. In connection with this approval, the City certified a program EIR pursuant to CEQA Guidelines section 15168 (SCH No. 91103064, Resolution 51-93, and Addendum dated August 22, 1994, hereafter "Eastern Dublin EIR" or "program EIR") that is available for review in the City planning department and is incorporated herein by reference. The program EIR was integral to the planning process and examined the direct and indirect effects, cumulative impacts, broad policy alternatives, and area wide mitigation measures for developing Eastern Dublin; and WHEREAS, in connection with an annexation and prezoning request for the project area in 2002, the City certified a Supplemental EIR that is available for review in the planning department and is incorporated herein by reference. In connection with the 2002 project approval, the City Council adopted supplemental mitigation measures, mitigation findings, a statement of overriding considerations and a mitigation monitoring program. All adopted supplemental mitigation measures continue to apply to the project area; and WHEREAS, consistent with CEQA and the CEQA Guidelines, the City prepared a 2005 Supplement to the 1993 and 2002 EIRs for the Fallon Village project. The 2005 Supplemental EIR contains Draft and Final Supplemental EIR documents and was presented to the Planning Commission for review prior to its recommendation on the project. The Developer's project is part of the project that was analyzed in the prior EIRs and the 2005 Supplemental EIR; and I ATTACHMENT 5 WHEREAS, on November 8, 2005, the Planning Commission held a duly noticed public hearing on the project, including the proposed PD-Planned Development rezoning and Stage 2 Development Plan, at which time all interested parties had the opportunity to be heard. The Planning Commission considered a staff report dated November 8, 2005 and incorporated herein by reference, the 2005 Supplemental EIR, and all written and oral testimony; and WHEREAS, following the public hearing, the Planning Commission adopted Resolution 05-_ recommending that the Council certify the 2005 Supplemental EIR and make all appropriate findings, which resolution is incorporated herein by reference. The Planning Commission also adopted Resolution 05-_ recommending that the Council approve the Fallon Vi\1age general and specific plan amendments, which resolution is incorporated herein by reference. The Planning Commission also adopted Resolution 05-_ recommending that the Council adopt a PD-Planned Development Rezone and related Stage 1 Development Plan for the Fallon Vi\1age project, of which the Developer's project is a part. 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 the Dublin Planning Commission makes the following findings and determinations regarding the proposed Braddock and Logan properties Planned Development Rezone and Stage 2 Development Plan. 1. The proposed Planned Development (PD) Rezone and Stage 2 Development Plan meet the intent and purpose of Chapter 8.32 of the Zoning Ordinance because they provide a Stage 2 Development Plan for the Developer's project that is consistent with the approved Stage 1 Development Plan and will create a desirable use of land and an environment that will be harmonious and compatible with existing and potential development in surrounding areas and because the site plan incorporates and reflects development policies and pattems from the General Plan and Eastern Dublin Specific Plan. 2. The project site is physically suitable for type and intensity of this project in that it is intended to conform with City policies related to comprehensive planning of large sites in Eastern Dublin and policies related to hillside development. The project is designed to minimally affect the existing topography and terrain of the site; has adequate access, and complements existing and proposed development in surrounding areas. 3. The proposed Planned Development Rezoning and Stage 2 Development Plan will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety or welfare because the Stage 2 Development Plan has been designed in accordance with the City of Dublin General Plan, Eastem Dublin Specific Plan, Stage 1 Development Plan, previous EIRs and the 2005 Supplemental EIR. Additionally, the Stage 2 Development Plan incorporates recommendations from the Resource Management Plan for protection of biological and other sensitive resources through limitations on development in steep areas of the project site. 4. The proposed Planned Development Rezoning and Stage 2 Development Plan for the project is consistent with all elements and policies of the Dublin General Plan and the Eastern Dublin Specific Plan, as proposed. The Stage 2 Development Plan conforms to the elements and policies of those plans through the provision of open space and wildlife habitat protection required by the Land Use, Parks and Open Space and Conservation Elements, roadways consistent with the Circulation Element, adequate public facilities as required by the Schools, Public Lands and Utilities Element, Housing as desired by the Housing Element, and safe design as required by the Seismic Safety and Safety Element. 5. The Planned Development Rezoning and Stage 2 Development Plan is consistent with Chapter 8.32 of the City's Zoning Ordinance because the Stage 2 Development Plan establishes permitted uses and other standards 2 which will ensure that the project will be compatible with existing and proposed residential and public uses in the immediate vicinity. 6. The Planned Development Rezoning and Stage 2 Development Plan will provide efficient use of the project site lands pursuant to General Plan and Eastern Dublin Specific Plan policies that include the preservation of significant open areas and natural and topographic landscape features with minimum alteration of natural land forms. 7. The Planned Development Rezoning and Stage 2 Development Plan will not overburden public services as all agencies must commit to the availability of public services prior to the issuance of building permits as required by General Plan and Eastern Dublin Specific Plan policies and by adopted mitigation measures. 8. The adopted Eastern Dublin Mitigation Monitoring Program and the 2002 Supplemental mitigation monitoring program continue to apply to the Developer's project unless specifically amended, and serve as the reporting and monitoring program required by Public Resources Code Section 21081.6 for the project. PASSED, APPROVED, AND ADOPTED this 8th day of November, 2005 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATIEST: Community Development Ihrector G:\PA#\2004\D4-040 EDPO Specific Plan Amendment\PC\Resolutions\¡lc recommendatioo on pcLstage 2 dp.rx:x: 3 ORDINANCE NO. _-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN **************************************** AMENDING THE ZONING MAP TO REZONE THE 488 ACRE BRADDOCK AND LOGAN PROPERTIES WITHIN FALLON VILLAGE PROJECT SITE TO THE PD-PLANNED DEVELOPMENT DISTRICT AND ADOPT A RELATED STAGE 2 DEVELOPMENT PLAN PA 05-038 The Dublin City Council does ordain as follows: SECTION 1. Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code the City of Dublin Zoning Map is amended to rezone the following area to a Planned Development (PD) Zoning District. Approximately 488 acres located in the northerly portion of the Fallon Village area bounded by 1- 580 to the south, Fallon Road and the Dublin Ranch development to the west, the easterly Dublin city limit line to the east, and the northerly Dublin city limit line to the north (APNs: various) The PD Zoning District for the Braddock and Logan properties portion of the Fallon Village project, including the Stage 2 Development Plan established by this Ordinance are included herein. A location map of the rezoning area is shown below: /- ø~~'-' /"""'~ .-.- _/ .- U'-"..< ø'¡"!:.~ ",~ ".o-oS> ¡, o. , PLEASANTON SECTION 2. The regulations of the use, development, improvement, and maintenance of the Braddock and Logan properties portion of the Fallon Vi\1age project area are set forth in the rezoning and Stage 2 Development Plan as shown below which are hereby approved. Any amendments to the Stage 2 Development Plan shall be in accordance with Section 8.32.080 of the Dublin Municipal Code or its successors. Please refer to Exhibits A through D. SECTION 3. The use, development, improvement, and maintenance of the project area shall be governed by the provisions of the Dublin Zoning Ordinance except as provided in the Stage 2 Development Plan. SECTION 4. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED AND ADOPTED BY the City Council of the City Dublin, on this _ day of _, 200_ by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:\PA#\2004\04-040 BDPO Specific Plan Amendment\PC\Resolutions\CC ordinance stage II PD.DOC