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HomeMy WebLinkAboutAttchmt 2 Reso Recommdg CC Appv PD Prezone RESOLUTION NO. 06 - XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL APPROVE A PLANNED DEVELOPMENT PREZONE WITH STAGE 1 DEVELOPMENT PLAN FOR FALLON CROSSING PA 04-016 WHEREAS, Standard Pacific Homes has requested annexation to the City and DSRSD, and approval of a Planned Developrnent prezoning and related Stage 1 Development Plan on a vacant 67.8 acre site known as the Mission Peak property and located northeast of the intersection of Tassajara Road and Fallon Road. The residential project is known as Fallon Crossing and consists of 103 single-family detached homes on 19.5 acres of the site and a I -acre linear park. The annexation and prezoning requests are collectively referred to as the "Project"; and WHEREAS, Thornas Fredrich has consented to annexation to the City and DSRSD, and approval of a Planned Development prezoning and related Stage I Developrnent Plan on a 6. I 7 acre site located northeast of the intersection of Tassajara Road and Fallon Road; and WHEREAS, the Project site is located north ofthe Pinn BrothersfSilveria Ranch residential subdivision, which is currently under construction. Other surrounding land uses include vacant agricultural land to the north and east, and Tassajara Road adjacent to and west of the site; 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 in the area. In connection with this approval, the City certified a program ErR pursuant to CEQA Guidelines section 15168 (SCH No. 91103064, Resolution 51-93, hereafter "Eastern Dublin EIR") that is available for review in the City Community Development Department and is incorporated herein by reference. The Eastern Dublin EIR was integral to the planning process and examined the direct and indirect effects, cumulative impacts, broad policy alternatives, and areawide mitigation rneasures for developing Eastern Dublin. The Eastern Dublin EIR identified significant unavoidable impacts from development of Eastern Dublin, some of which would apply to the Project. Pursuant to the Communities for a Better Environment case, any Council approval of the project must be supported by a new Statement of Overriding Considerations with respect to these previously identified irnpacts; and WHEREAS, the Eastern Dublin EIR identified potentially significant environmental impacts and related mitigation measures, which the City adopted together with mitigation findings and a Mitigation Monitoring Program (Resolution 53-93,) The mitigation measures and rnonitoring program continue to apply to development in Eastern Dublin; and WHEREAS, pursuant to CEQA and the CEQA Guidelines, the City prepared a Mitigated Negative Declaration to address the site-specific impacts of the Project; and ATT" r !...."7;.NT 2- l.."".~L WHEREAS, a staff report, dated April 25, 2006 and incorporated herein by reference, described and analyzed the Mitigated Negative Declaration and the annexation and prezoning project for the Planning Commission; and WHEREAS, the Planning Commission reviewed the staff report and the Mitigated Negative Declaration and considered the annexation and prezoning project including the Stage I Development Plan at a noticed public hearing on April 25, 2006, at which time all interested parties had the opportunity to be heard; and WHEREAS, at its April 25, 2006 hearing, the Planning Commission adopted a resolution incorporated herein by reference, recommending that the City Council adopt the Mitigated Negative Declaration for 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 the Planning Commission does hereby recommend that the City Council adopt the following Ordinance prezoning the Project site to the Planned Development District and adopting the related Stage I Development Plan which constitutes regulations for the use, development, improvement, and maintenance of the site. PASSED, APPROVED, AND ADOPTED this 25th day of April, 2006 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Planning Manager G:\PA#\2004\04-016 Mission Peak - Standard Pacific\PC & CC Stage l\Fallon Crossing PO Zone Reso.OOC 2 ORDINANCE NO. XX - 06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ***************************************** PREZONING THE FALLON CROSSING PROJECT SITE TO THE PLANNED DEVELOPMENT DISTRICT AND APPROVING A RELATED STAGE 1 DEVELOPMENT PLAN PA 04-016 The City Council of the City of Dublin does ordain as follows: SECTION 1: FINDINGS A. Pursuant to Section 8.32.070.A and B, and Section 32.120.050.A.I of the Dublin Municipal Code, the City Council finds as follows. I. The Planned Development Prezone and related Stage 1 Development Plan rneet the intent and purpose of Chapter 8.32 of the Zoning Ordinance because they provide a Stage 1 Development Plan for the Project that 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 developrnent policies and patterns from the General Plan and Eastern Dublin Specific Plan. 2. The Planned Development Prezoning and Stage I Development Plan is consistent with Chapter 8.32 of the City's Zoning Ordinance because the Stage I Developrnent Plan establishes uses and standards to ensure that the Project will be compatible with existing and proposed residential and other uses in the irnmediate vicinity. B. Pursuant to Sections 8.120.050.A and B of the Dublin Municipal Code, the City Council finds as follows. I. 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 hillside development. The Project is designed to minimally affect the existing topography and terrain of the site; has adequate access; and is of a sufficient size to provide an efficient residential project while preserving sensitive open space areas. 2. The proposed Planned Development Prezoning and Stage 1 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 1 Development Plan has been designed in accordance with the General Plan and Eastern Dublin Specific Plan, will comply with all applicable development regulations and standards, and will implement all adopted mitigation measures. 3. The proposed Planned Development Prezoning and Stage I Developrnent Plan is consistent with all elernents and policies of the Dublin General Plan and the Eastern Dublin Specific Plan. The Stage I Development Plan conforms to the elernents 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 Elernent, adequate public facilities as required by the Schools, Public Lands and Utilities EXh.lJj f A Element, housing as desired by the Housing Elernent, and safe design as required by the Seismic Safety and Safety Element. 4. The Planned Developrnent Prezoning and Stage I Development Plan will provide efficient use of the Project site lands pursuant to the 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 C. Pursuant to the California Environmental Quality Act, the City Council adopted a Mitigated Negative Declaration, Statement of Overriding Considerations and Mitigation Monitoring Program for the Project on April 25, 2006, incorporated herein by reference. SECTION 2. MAP OF THE PROPERTY Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code the City of Dublin Zoning Map is amended to prezone the following property ("the Property") to a Planned Development Zoning District: 73.97 acres generally located east of Tassajara Road, north of the Pinn BrothersfSilveria Ranch project and south of the Moller Ranch. (APNs: 985-0002-001 & 985-0004-002-03). A map of the prezoning area is shown below t .re I ,. II . V1CNTY MAP ......"'" SECTION 3. APPROVAL The regulations for the use, developrnent, improvement, and maintenance of the Property are set forth in the following Stage I Development Plan for the Project area which is hereby approved. Any amendments to the Stage 1 Development Plan shall be in accordance with section 8.32.080 of the Dublin Municipal Code or its successors. Stage 1 Development Plan for Fallon Crossing This is a Stage 1 Development Plan pursuant to Chapter 8.32 of the Dublin Zoning Ordinance. This Developrnent Plan meets all the requirements for a Stage I Developrnent Plan and is adopted as part of the PD-Planned Development prezoning for the Fallon Crossing project, P A 04-016. The Stage I Development Plan consists of the items and plans identified below, many of which are contained in a separately bound document titled Stage I Developrnent Plan. Fallon Crossing & Fredrich Properties, dated September 27,2005 ("Stage I DP booklet"), and in a map set consisting of7 pages and stamped "Received, September 30, 2005" ("rnap set"), which materials are incorporated herein by reference and are on file in the Dublin Community Development Department under file no. PA 04-016. The PD- Planned Development District and this Stage 1 Development Plan provide flexibility to encourage innovative developrnent while ensuring that the goals, policies, and action programs of the General Plan, Eastern Dublin Specific Plan, and provisions of Chapter 8.32 of the Zoning Ordinance are satisfied. 1. Statement of Permitted Uses. Permitted, conditional, and accessory uses are allowed as set forth in the Stage I Development Plan attached hereto as Exhibit B. 2. Stage I Site Plan. See Stage I DP booklet, p. 18 3. Site Area, Proposed Densities. For site area, proposed densities, maxirnum permitted residential units and maximum non-residential square footages, see Stage I Development Plan attached hereto as Exhibit B. 4. Phasing Plan. Fallon Crossing is proposed to be developed in one phase. 5. Master Neighborhood Landscaping Plan. See Stage I DP booklet, p 20. 6. General Plan and Specific Plan Consistency. The Project is consistent with the residential uses and densities shown for the site in the General Plan and Eastern Dublin Specific Plan. No amendment to either plan is proposed. 7. Inciusionary Zoning Regulations. See Stage I DP booklet, p 7. 8. Aerial Photo. See Stage I DP booklet, p 17. 9. Applicable Requirernents of Dublin Zoning Ordinance. Except as specifically provided in this Stage I Development Plan, the use, development, improvement and rnaintenance of the Property shall be governed by the provisions of the Dublin Zoning Ordinance pursuant to section 8.32.060.C. SECTION 4. EFFECTIVE DATE AND POSTING OF ORDINANCE 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 Govemment Code of the State of California. PASSED AND ADOPTED BY the City Council of the City of Dublin, on this _ day of , 2006, by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:\PA#\2004\04-016 Mission Peak - Standard Pacific\PC & CC Stage I \PO Ordinance for Fallon Crossing.doc Exhibit B PREZONING STAGE 1 DEVELOPMENT PLAN (PA 04-016) This is a Development Plan pursuant to Chapter 8.32 of the Dublin Zoning Ordinance for the Fallon Crossing annexation area generally located in an unincorporated area of Alameda County northeast of the Tassajara Road and Fallon Road intersection. Tassajara Road and an unnamed east fork drainage tributary of Tassajara Creek run north to south through the area. Fallon Crossing lies to the east of Tassajara Road. The project area is bounded: a) to the north of Fallon Crossing by high hills of unincorporated rural acreage within unincorporated Alameda County (Moeller Property); b) to the east unincorporated area which is part of the Dublin Ranch Project (Lin Family holdings); c) to the west by the unincorporated county including Fredrich property, beyond Tassajara Road, which part of the Fallon Crossing Annexation; and d) to the south by the and Silveria Ranch/Pinn Brothers property, a residential project of approximately 250 units currently under construction, east of Tassajara Road. The annexation area subject to prezoning is comprised of two parcels (APNs: 985-0002-001 and 985- 0004-002-03) within the Eastern Dublin Specific Plan Area. However, only Fallon Crossing is subject to the Stage 1 Development Plan. This Development Plan meets all of the requirements for Stage 1 review of this property. This Development Plan is represented by the PD ZoningfLand Use Summary Table (contained herein), the Aerial Photo, the Stage 1 Site/Development Plan, Stage 1 Phasing Plan, Conceptual Landscape Plan, and Master Infrastructure Plan sheets dated April 13, 2006 labeled Exhibit B. The Planned Development District allows the flexibility needed to encourage innovative development while ensuring that the goals, policies, and action programs of the General Plan, Eastern Dublin Specific Plan, and provisions of Section 8.32 ofthe Zoning Ordinance are satisfied. 1. Zoning: This PD Planned Developrnent Zoning District is to provide for and regulate the development of Fallon Crossings as shown on Exhibit B. (General Plan land use designations include: Single Family Residential, Medium High Density Residential, Neighborhood Commercial, Neighborhood Park, and Open Space. 2. Permitted Uses: The following are uses permitted for this site: A) PD Single Family Residential Intent: Single Family land use designations are established to: a) reserve appropriately located areas for family living at reasonable population densities consistent with sound standards of public health and safety; b) ensure adequate light, air, privacy and open space for each dwelling; c) provide space for semi-public facilities needed to complement urban residential areas and for institutions that require a residential environment; and d) accommodate single family housing, including a wide range of units from small-lot and zero-lot line units to large lot estate units. Exhibit B Intensity of Use: ,9 - 6,0 dwelling units per acre Permitted Uses: Single family dwelling Accessory structures and uses in accordance with Section 8.40,030 ofthe Dublin Zoning Ordinance Community care facilityfsmall (permitted if required by law, otherwise as conditional use) Horne occupation in accordance with Chapter 8.64 of the Dublin Zoning Ordinance Private recreation facility (for homeowners' association and/or tenant use only) Small family day care home per Chapter 8.08 of the Dublin Zoning Ordinance Second residential unit, ifbuilt by initial homebuilder, in accordance with appropriate regulations of the Dublin Zoning Ordinance (Chapter 8.80) Conditional Uses: Ambulance service Bed and breakfast inn Day care center Large family day care home Parking lot - residential Religious facility Schoolfprivate Second residential unit, if not built by initial homebuilder, in accordance with Stage 2 Planned Developrnent Accessory Uses: All Accessory Uses shall be in accordance with Section 8.40. of the Dublin Zoning Ordinance Temporary Uses: Temporary construction trailer Tract and sales officefmodel home complex B) PD Neighborhood Commercial Intent: Neighborhood Commercial provides for the creation of community and neighborhood oriented commercial centers that serve the retail, service, and entertainment needs ofthe neighborhood. Permitted Uses, including but not limited to: Offices - real estate, legal, accounting Laundri es Dry cleaners 2 Exhibit B Beauty Salons Finance Video rentals Restaurants Bars Cultural Facilities Conditional Uses: Hotels Bed and breakfast inn Boarding house Community.care facility/Iarge Day Care center Large family day care home Parking lot - residential Religious facility School/private Accessory Uses: All Accessory Uses shall be III accordance with Section 8.40. of the Dublin Zoning Ordinance Temporary Uses: Temporary construction trailers C) PD Neighborhood Park (Private) Intent: Neighborhood open space and recreational areas, both active and passive. Permitted Uses, including but not limited to: Neighborhood Park Recreational or educational facility Trail staging area F) PD Open Space Intent: Open Space land use designations are established to ensure the protection ofthose areas of special significance. Permitted Use, including but not limited to: Public or private infrastructure Public recreation facility - active or passive 3 Exhibit B Trails and maintenance roads Other recreational or educational facility Trail staging area Uses allowed by the U. S. Army Corp of Engineers under Section 404 and 1603 agreements Water quality, drainage, and other similar facilities, including swales and basins Areas with slopes over 30 percent Streams and drainage protection corridors Woodlands Conservation areas Wildlife habitat preservation Visually sensitive ridgelines Permitted or Conditional Uses, including but not limited to: Agriculture and grazing (if not already existing) Private recreation facility - active or passive 3. Dublin Zoning Ordinance - Applicable Requirements: Except as specifically modified by the provisions of this Planned Developrnent District Prezoning/Development Plan, all applicable general requirements and procedures of the Dublin Zoning Ordinance shall be applied to the land uses designated in this Planned Development District Prezoning. 4. Development Standards: Specific Development Standards within the project will be established at the Stage 2 Development Plan to determine if the development rneets the established criteria. 5. Phasing Plan. Fallon Crossing will be developed as one phase. 6. Landscaping Plan. Refer to Exhibit B, Stage 1 Conceptual Landscaping Plan. 7. Master Infrastructure Plan. Refer to Exhibit B, Master Infrastructure Plan. 8. Inclusionary Zoning Ordinance. The City Council has adopted a policy stating its intent that new projects, including this project, will be subject to the Inclusionary Zoning Ordinance, as amended, which requires that 12.5% ofthe units be inclusionary units affordable to persons of very low, low, and moderate incomes. The standards also allow for a portion of the units to be provided through payment in-lieu of construction. Fallon Crossing proposes to provide eight (8) affordable units, or 67 %, and pay an in-lieu fee for the remainder of their obligation. No agreements currently are in place which would satisfy the affordable housing requirements for either property. However, compliance would be required when each property develops, and an arrangement would be agreed upon prior to approval ofthe Tentative Tract Map and Site Development Review. 9. Development Concept. Fallon Crossing is proposed to be a residential neighborhood of 103 single family detached homes with requisite open space, pedestrian corridors, infrastructure, and landscaping. The Development concept for the area strives to preserve the natural environment and create a community that is compatible with the natural terrain by emphasizing: open space, hillsides and ridges, scenic corridors, and the environs of the Tassajara Creek tributaries associated 4 Exhibit B with sensitive habitat preservation. A more detailed site plan, specific development standards, and a Site Development Review with design criteria will be subrnitted with the Stage 2 Developrnent Plan following annexation. Tassajara Road and Fallon Road currently are identified by the City as scenic corridors with standards for preserving views of scenic ridgelines and knolls from the corridor. Steeper slopes and ridgelines on site are designated as open space, Grading ofthe site is proposed to take into consideration the hilly terrain. Wherever, possible development would be contoured to hillsides in order to avoid excessive cuts and fills. To minimize visual irnpact, most of the residential development would be tucked behind the ridgeline visible from Fallon Road The I-acre linear park serves as open space and will include a pedestrian trail, sitting areas, small play areas, and native landscaping. In addition, it will serve as a wildlife habitat and passage. A minimum setback of 100 feet frorn the top of the bank of the creek and its tributaries will be maintained as well as existing ponds constructed on site as habitat for potentially sensitive or endangered wildlife. 9. Access & Circulation. Vehicular and pedestrian access to Fallon Crossing will be from both Tassajara Road and Fallon Road. The Eastern Dublin Specific Plan plans for Tassajara Road eventually to be expanded to six lanes. Fallon Road, proposed as a thoroughfare, ends as a T- intersection at Tassajara Road. Fallon Road will be constructed south of the project site as a condition of approval for the SilverialPinn Brothers project. Tassajara Road frontage improvements and intersection improvements at the crossing of these two streets would be complete with this project. PD ZONING/LAND USE SUMMARY TABLE Gross Midpoint Density Number of units Land Use Acres Density Range proposed min - max PO Single Family Residential 19,5 ac 3.99 du/ac .9-6 du/ac 103 du 17-117 du PO Neighborhood Commercial 0 ac n/a FAR n/a n/a n/a PO Neighborhood Park 1,0 ac n/a n/a n/a n/a PO Open Space 46,8 ac n/a n/a n/a n/a Right-at-way .5 ac n/a n/a n/a n/a TOTAL 67.8 ac 1.52 du/ac 103 du n/a du Residential Non-Residential n/a n/a 5 Exhibit B