Loading...
HomeMy WebLinkAboutPC Reso06-45 Fowler SDR PA06-052 RESOLUTION NO. 06 - 45 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING SITE DEVELOPMENT REVIEW (SDR) FOR LANDSCAPE ALTERATIONS TO PRIVATE PROPERTY (LOCATED WITHIN THE STAGECOACH ROAD ASSESSMENT DISTRICT) AT 7678 CORAL WAY (APN 941-2769-065) P A 06-052 WHEREAS, the Applicants, Thomas and Susan Fowler, have requested Site Development Review for landscape alterations to private property (located within the City's Landscape and Lighting Assessment District 1983-2 - otherwise known as the Stagecoach Road Assessment District) at 7678 Coral Way; and WHEREAS, the proposal includes the installation of four rows of grapevines, groundcover, associated slope stabilizations measures, and a drip irrigation system; and WHEREAS, the Zoning District for the project site (Alameda County Zoning Unit 1486) permits landscaping in the common areas to be altered; and WHEREAS, the Community Development Director has determined that the method by which proposed alterations may be properly considered is through Site Development Review; and WHEREAS, the proposed project, as conditioned, does not change the use of the property as a single-family residence; and WHEREAS, the Applicant submitted project plans and a written description dated August 24, 2006 for the requested Site Development Review, which are on file in the Community Development Department; and WHEREAS, the application has been reviewed in accordance with the proVIsIOns of the California Environmental Quality Act (CEQA) and this project was found to be categorically exempt under CEQA Guidelines Section 15304, Minor Alterations, Class 4, of the State CEQA Guidelines as it pertains to minor alterations in the existing condition of the land, including landscaping, that does not involve removal of healthy, mature, scenic trees; and WHEREAS, the Community Development Director referred the item to the Planning Commission for its review and consideration as a public hearing item; and WHEREAS, the City of Dublin Planning Commission held a public hearing on November 28, 2006; and WHEREAS, proper notice of the public hearing was given in all respects as required by law and additional notices were sent to all property owners within the Stagecoach Road Assessment District; and WHEREAS, the Planning Commission did hear and use its independent judgment and considered all said reports, recommendations, and testimony herein above set forth. NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission does hereby make the following findings and determinations regarding the proposed Site Development Review: A. Approval of this application is consistent with the purpose and intent of Chapter 8.104 (Site Development Review) in that the proposed project, as conditioned, will promote the orderly, attractive and harmonious site and structural development compatible with individual site environmental constraints and compatible with surrounding properties and neighborhoods. The proposed landscape alterations do not interfere with the use of the property as a single family home and do not interfere with the City's ability to continue to maintain the landscape easement on the property. The approval is conditioned to ensure that environmental constraints are taken into consideration and that the area drainage is not impacted by the proposed project. B. Any approval complies with the policies of the General Plan, with any applicable Specific Plans, with the development regulations or performance standards established for the zoning district in which it is located, and with all other requirements of the Zoning Ordinance. The Zoning District (Alameda County 1486th Zoning Unit) allows for modifications to common area landscaping. Additionally, the proposed project, as conditioned, complies with the policies of the General Plan relating to controlling soil erosion and controlling surface runoff. C. The approval will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and general welfare. The proposed project, as conditioned, will not be detrimental to the health and safety of people in the vicinity due to the limited nature of its scope. The proposed project consists of minimal landscape alterations and slope stabilization measures, which have a very limited potential be detrimental to the greater community. D. The approved site development, including site layout, structures, vehicular access, circulation and parking, setbacks, height, walls, public safety and similar elements, has been designed to provide a desirable environment for the development. The slope area where the proposed project, as conditioned, is located was designed to be an area, visible from the public right of way, which would be landscaped and maintained in a common fashion. The proposed landscape alterations do not detract from the desirability of the subdivision and it could be argued that they are an enhancement to the landscaped area. E. The subject site is physically suitable for the type and intensity of the approved development. The proposed project, as conditioned, is suitable for the subject site. Grapevines can grow in a variety of conditions, and slopes are no exception. Because they need a minimal amount of water, and a small drip irrigation system has been installed to serve the vines, there is limited risk that water runoff will be problematic. F. Impacts to views are addressed. Since the grapevines and associated improvements have been made in an area that already had mature landscaping, the impacts to views are minimized. G. Impacts to existing slopes and topographic features are addressed. The slope and topographic features will not be substantially changed with the implementation of the proposed project, as conditioned. The slope stabilization measures and vine planting proposed with the project will actually serve to further anchor the hillside soil and minimize future erosion. 2 H. Architectural considerations, including the character, scale and quality of the design, the architectural relationship with the site and other buildings, building materials and colors, screening of exterior appurtenances, exterior lighting, and similar elements have been incorporated into the project and as conditions of approval in order to insure compatibility of this development with the development's design concept or theme and the character of adjacent buildings, neighborhoods, and uses. No structures are proposed or approved as part of this project, so there are no impacts in this regard. I. Landscape considerations, including the location, type, size, color, texture and coverage of plant materials, provisions and similar elements have been considered to ensure visual relief and an attractive environment for the public. Because the proposed project has already been installed, it is easier to see how the landscaping ensures visual relief and an attractive environment for the public. As they have matured, the vines have grown to blend well with the existing landscaping. J. The approval of the Site Development Review is consistent with the Dublin General Plan and with any applicable Specific Plans. The Zoning District (Alameda County 1486th Zoning Unit) allows for modifications to common area landscaping. Additionally, the proposed project, as conditioned, complies with the policies of the General Plan relating to controlling soil erosion and controlling surface runoff. K. Approval of this application complies with Chapter 8.58 relating to the Public Art Program Contribution. Not applicable. BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby approve P A 06- 052, Site Development Review (SDR) for landscape alterations to private property (located within the Stagecoach Road Assessment District) at 7678 Coral Way, subject to the following Conditions of Approval and as shown in the Project Plans (attached as Exhibit A and incorporated herein). 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 subiect to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: rPLl Planning. rBl Building. rpOl Police. rpWl Public Works. r ADMl Administration/City Attorney. rFINl Finance. rFl Alameda County Fire Department. rnSRSDl Dublin San Ramon Services District. rCOl Alameda County Department of Environmental Health. CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: GENERAL - SITE DEVELOPMENT REVIEW 1. Approval. This Site Development Review PL On-going Planning approval for P A 06-052 allows the installation of four rows of grapevines (measuring approximately 54, 54, 40, and 40 feet in length respectively along the width of the lot), slope stabilization measures, a drip irrigation system, and groundcover within the landscape maintenance easement area of7678 Coral Way. The project shall generally conform 3 CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: with the project plans received by the Planning Division on August 24, 2006, on file in the Community Development Department, and other plans, text, and diagrams relating to this Site Development Review, unless modified by the Conditions of Approval contained herein. Only the landscaping and site improvements shown on the plans are those that will be approved as part of the Site Development Review application. Any future proposed changes to the landscaping and/or site improvements would require subsequent Site Development Review through a separate application. 2. Permit Expiration. Approved use shall PL On-going DMC commence within one (1) year of Site 8.96.020.D Development Review (SDR) approval, or the SDR shall lapse and become null and void. Commencement of use means the actual use pursuant to the permit approval, or, demonstrating substantial progress toward commencing such use. If there is a dispute as to whether the Permit has expired, the City may hold a noticed public hearing to determine the matter. 3. Review and Permitting Authority. The PL On-going Planning Applicant shall comply with all applicable regulations and requirements of the City of Dublin Building Division, Planning Division, Alameda County Fire Department, Dublin Police Services, Dublin San Ramon Services District, and Dublin Public Works Department. PROJECT SPECIFIC - SITE DEVELOPMENT REVIEW 4. Slope Maintenance. The Applicant agrees PL On-going Planning to maintain the stability of the slope, to the satisfaction of the City Public Works Director. In the event that the stability of the slope does not meet the satisfaction of the City Public Works Director, due to damage, drainage problems, or otherwise, the Applicant agrees to pay all the costs associated with repair and/or re- stabilization of the slope. Any repair to the slope will be performed by the City, or, at the City's election, by a third-party 4 CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: professional selected by the City to perform such services. 5. Landscape Maintenance. The Applicant PL On-going Planning agrees to maintain the vines and the landscaping identified in the project plans received by the Planning Division on August 24, 2006 to the satisfaction of the Community Development Director. In the event that the Applicant fails to maintain the vines and the landscaping to the satisfaction of the Community Development Director, the Applicant agrees to pay all costs associated with the removal of Applicant's improvements and the restoration of the area to its original condition. Any removal of the Applicant's improvements or restoration of the area to its original condition may be performed by the City, or, at the City's election, by a third-party professional selected by the City to perform such services. This condition shall be enforced in accordance with Chapter 5.64 of the Dublin Municipal Code (Property Maintenance). PASSED, APPROVED AND ADOPTED this 28th day of November 2006 by the following vote: AYES: Chair Schaub, Commissioners Biddle and King NOES: None ABSENT: Vice Chair Wehrenberg ABSTAIN: Commissioner Fasulkey IVP~ Planning Commission Chair G:\PA#\2006\06-052 Fowler Grapevine SDR\PC Reso.DOC 5