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HomeMy WebLinkAboutOrd 14-98 Rezone Starward DrORDINANCE NO. 14-98 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING THE ZONING MAP TO REZONE PROPERTY LOCATED EAST OF SAN RAMON ROAD AND WEST OF STARWARD DRIVE AND NORTH OF THE SHAMROCK VILLAGE SHOPPING CENTER (APN 941-0173-005-02 AND CITY SURPLUS LAND (WITH NO APN) AS SHOWN ON ATTACHMENT 1 AND BELOW) TO A PLANNED DEVELOPMENT ZONING DISTRICT AND ADOPTING A DEVELOPMENT PLAN FOR THE STARWARD DRIVE RESIDENTIAL PROJECT (PA 98-013) WHEREAS, the DeSilva Group Inc, the site property owner, has requested approval of a General Plan Amendment, an Amendment of the Downtown Specific Plan and Planned Development Rezone/Development Plan (Exhibit B-1 and B-2) to subdivide a 2.4 acre parcel and develop 31 single family dwellings and related improvements on land generally located west of Starward Drive, east of San Ramon Road and north of the Shamrock Village Shopping Center (APN 941-0173-005-02 and City Surplus Land (with no APN) as shown on Attachment 1 and below); and WHEREAS, the Applicant has submitted a Development Plan as required by Chapter 8.32 of Title 8 of the Dublin Municipal Code which meets the requirements of said Chapter; and WHEREAS, the site will be rezoned from "Commercial Office" to "Planned Development Single-Family, Medium Density Residential; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and implementing Guidelines, an Initial Study has been prepared to assess the proposed project. Based on the Initial Study, a Mitigated Negative Declaration and Mitigation Monitoring Program has been prepared with the finding that with the implementation of mitigation measures contained in the Initial Study, there will be no significant environmental impacts; and WHEREAS, the Planning Commission did hold a properly noticed public hearing on said application on August 11, 1998, and did adopt a Resolution recommending that the City Council approve and the Planned Development Rezoning and the Development Plan for PA 98-013; and WHEREAS, a properly noticed public hearing was held by the City Council on September 1, 1998; and September 15, 1998; and WHEREAS, a Staff'Report was submitted recommending that the City Council approve the application; and WHEREAS, on September 1, 1998 the City Council approved a related General Plan Amendment and an Amendment to the Downtown Specific Plan and adopted a Mitigated Negative Declaration and Mitigation Monitoring Program for the project; and WHEREAS, pursuant to Section 8.32.070 and 8.120:050 of the Dublin Municipal Code, the City Council makes the following findings: 1. The proposed Planned Development Zoning District meets the intent and purpose of Chapter 8.32 of the Zoning Ordinance because it provides a comprehensive Development Plan which will create a desirable use of land and an environment that will be sensitive to surrounding land uses by virtue of the layout and design of the architecture and site plan. The Starward Drive Residential Project is within the ranges of medium density residential which is consistent with the City of Dublin General Plan. 2. Development under the Development Plan will be harmonious and compatible with existing development in the surrounding area because the site plan has been designed to fit into the existing neighborhood. Adequate setbacks and complementary architectural designs and landscaping proposed in the Development Plan have been specially designed to enhance and fit into the existing neighborhood. 3. The project site is physically suitable for a residential project in that it is relatively flat, has adequate access and is of a sufficient size to provide housing as well as common area landscaping including a tot lot for the future residents of the project. Additionally, the Development Plan provides for development at a density of 12.9 units/acre is within the density range allowed for Medium Density Residential (6.1 to 14.0 units per acre), which is consistent with the General Plan Land Use Designation for this site. 4. The proposed Planned Development District 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 Development Plan has been designed in accordance with the City of Dublin General Plan. WHEREAS, the City Council did hear and use their independent judgment and considered all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, 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 property ('~the Propertf') to a Planned Development Zoning District: Approximately 2.4 acres of land generally located west of Starward Drive, east of San Ramon Road and north of Shamrock Village Shopping Center, more specifically described as Assessor's Parcel Number 941-0173-005-02 and City surplus land (with no APN) as shown on Attachment 1 and below. 2 A map of the rezoning area is shown below: Project SECTION 2~ The regulations of the use, development, improvement, and maintenance of the Property are set forth in the Development Plan .(Exhibits B-1 and B-2 hereto) which is hereby approved. Any amendments to the Development Plan shall be in accordance with section 8.32.080 &the DUblin Municipal Code or its successors. SECTION 3. Except as provided in the Development Plan, the use, development, improvement and maintenance of the Property shall be governed by the provisions of the Dublin Zoning Ordinance. SECTION 4. This Ordinance shall take effect and be enforced thirty (30) days from and after the date of its passage. 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 of Dublin, on this 15th day of September, 1998, by the following votes: AYES: Councilmembers Barnes, Howard, Lockhart and Mayor Pro Tempore Burton NOES: None ABSENT: Mayor Houston ABSTAIN: None ATTEST: ~--~ Mayor Pro Ts/mpore K2/G/9-15-98/ordstrwd. doc g:kPA98013~rzord 4 DEVELOPMENT PLAN This is a Development Plan pursuant to Chapter 8.32 of the Dublin Zoning Ordinance for the Starward Drive Residential Project, located on the east side of San Ramon Road, west of Starward Drive, and north of Shamrock Square shopping center (APN 941-0173-005-02 and City Surplus Land (with no APN) as shown on Attachment 1). This Development Plan meets all of the requirements for Stage 1 and Stage 2 review of the project. This Development Plan is also represented by the Vesting Tentative Map, Site, Landscape and Fencing Plans, and Architectural (floor and elevations) Plans, sheets 1-10 dated received August 3, 1998, 1998 labeled Exhibit B-2 to the Resolution approving this Development Plan (City Council Resolution No. 98- ), and on file in the Planning Department. 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, Downtown Dublin Specific Plan, and provisions of Section 8.32 of the Zoning Ordinance are satisfied. Permitted Uses/Site Area/Densities: A 31 unit single family detached project on 2.40 gross/net acres with a density of 12.9 dwelling units to the acre (See attached project plans contained in Exhibit B-2, Development Plan). e Conditional Uses: All conditional uses in the Dublin Zoning Ordinance for a PD/R-1 District are conditional uses in this PD District. Dublin Zoning Ordinance - Applicable Requirements: Except as specifically modified by the provisions of this PD District Rezone/Development Plan, all applicable general requirements and procedures of the Dublin Zoning Ordinance shall be applied to the land uses designated in this PD District Rezone. 0 Site Plan & Architecture: See attached floor and elevation plans, sheets 1-10 contained in Exhibit B-2, Development Plan. Any modifications to the project shall be substantially consistent with these plans and of equal or superior materials and design quality. Phasing Plan. The project shall be constructed in one phrase of development. If the Developer decides to constmct the project in phrases, a phrasing plan shall be submitted for the review and approval of the Community Development Department. Landscaping Plan. Refer to attached landscaping plans included in Exhibit B- 2, Development Plan, Sheet L-1. EXHIBIT B-1 e Development Standards Lot Size: varies in size from approximately 2100 square feet to 3400 square feet (see attached Exhibit B-2, Development Plan) II. Building Setbacks: Front yards: from Public right of way: (Starward) from interior roadways: 8 feet 5 feet Side Yards: to property line: 3 feet between structures: 6 feet Rear Yards: minimum: 4 feet average: 10 feet III. Height of Buildings: No building or structure shall have a height in excess of 30 feet. IV. Parking: Parking shall be in accordance with Section 8.76 of the City of Dublin Municipal Code except the on-site guest parking shall be maintained in accordance with the approved site development review at all times and enforced through Convenants, Conditions and Restrictions (CC & R's). Reciprocal Easements: The development of this property is predicated on the reciprocal use of side and rear yards through the granting of exclusive use easements. The purpose of this requirement is to utilize the passive side of the home to increase the active exterior open space of the home on the adjacent lot thereby creating increased personal private yard areas. Penetrations to the passive side of the home (windows, etc.) shall be limited, of opaque material, above normal eye level and away from direct line of site to insure maximum privacy. These requirements shall be governed by Convenants, Conditions and Restrictions (CC & R's) to assure compliance and enforceability. Inclusionary Zoning Ordinance: In accordance with the Inclusionary Zoning Ordinance the developer shall be required to pay Inclusionary Housing In-Lieu Fee in the amounts and at the times set forth in City of Dublin Resolution No. 57- 97, adopted by the City Council on May 20, 1997, or in the amounts and at the times set forth in any resolution revising the amount of the Inclusionary Housing In-Lieu Fee. 0 School Mitigation Fee: Prior to the effective date of any tentative map approval, the developer shall enter into a written school mitigation agreement with the Dublin Unified School District. The mitigation agreement shall establish the level of mitigation necessary, the amount of any school impact fees, the time of payment of any such fees and similar matters that impact of the project on schools is satisfactorily mitigated. \:\pa#\980013\devplan. 31qI 'S~NOIt ~I,,';KIFIHDS 90I§6 ?':'v~a ,,amnolqVqd &lq~llAldOqMASl(l i~-[l .I.IfllHX~t V 1 iq }:I0 ,.,t I 'I V 3 ~ I 1 ~Ifi (1 © Cl ~I v l~ ~I V & S 0 96c;~'6 VINUOJI-IYD '~l:BaUD ,LRN"IVN~ c_;og "4.1.1ns ',L'a3UlS 3NId 0g~ t '3NI '$TqlAIOH 83"InHDS :HOA G'adOqNA~O 3dVD$133~l$ 9VDIdA.L VINSO..dI""IVD a VMHV1 .J UJ UJ VICINITY MAP .............................. ROPER SITE SUMMARY TYPICAL LOT LINE EXHIBIT q~ BOEEL"BANK & CO. ~'XIBllN¢ BUILDING SITE PLAN DUBLIN, CALIFORNIA DATE= JULY 16, 1998 - TRACT 7029 /" CROSS CROSS EXI$~NG BUILDING zar.& A$$ociat.e.~ggeri - ' ensen - JOB NO.: VICINITY MAP. ~ll ,~ ~ ~ .11~, TYPICAl.. STREET SECTION C) SITE SUMMAR~ TYPICAL LOT LINE EXHIBIT CROSS EXISTING BUILDING FENCING PLAN DUBLIN, CA[JFORNIA DATE~ JULY 10. 1BBS TRACT 7029 CROSS KXIBTING BUILDING ~zar? Ass.oclat~sggerl - ensen - JOB :B=IJ.ON 'IV~]N::I~) NOLLO~]$ .LE,~]~IO 9¥01dA,£ ! · 6~OZ /OVHJ. - HVF~ MAI/VINMI DNI/SMA / / .LI~ItHX=I DNI9 10'1 "IV'DIdA..L t ["7 ~.1.1o NOTE: TIlE PLANS DEPICT A CORNER LOT IIOME.[ MBR WINDOWS ARE REVERSED AT INTERIOR LOTS. 2~'-0" SECOND FLOOR FIRST FLOOR NOTE: THE PLANS DEPICT ELEVATION C (CORNER LOT) RICHARD C. HANDLEN EDI ARCHITECTURE, INC. 333 BROADWAY SAN FRANCISCO, CA 94133 T 415.362.2880 F 415.39,1.8767 PLAN ONE FLOOR PLAN STARWAR D FIRST FLOOR 596 SF SECOND FLOOR 765 SF L~ING TOTAL 1,361SF GARAGE ,t18 SF GROSS TOTAL 1,779 SF 98k08 31 JULY 96 PAGE SCHULER ItOMES, INC. FRONT ELEVATION A ',',',',',,",,'~-~' [] ° ~ ~~.. FRONT ELEVATION B RIGHT COMPOSITION SNINGI~ ROOF'S STUCCO SIDING STUCCO TRIM VINYL WINDOWS PAINTED SECTIONA£ DARAGS DOOR RICHARD C. HANDLEN EDI ARCHITECTURE, INC. 333 BROADWAY SAN FRANCISCO, CA 94133 T 415.362.2880 F 415.39,i.8767 REAR LEFT TO FENCE PLAN ONE ELEVATIONS A & B -[I~E~-IOR LOTSII O STARWARD D U B L I N ~ C I L I F 0 R N 1.3 NOTE: la" EAVES 4" GUTTER ROOF PLAN - ELEVATION A 98108 ~ 31 JULY 98 rAGE 2 SCHULER HOMES, INC. r" i FOAH II~IH RIGHT RIGHT ELEVATION C ELEVATION D REAR LEFT TRIM DETAIL I TO FENCE EXTENDS COMPOSITION SHINGLE ROOF~ NfUCCO SIDING S'I~JCCO TRIM VINYL WINDOWS pAINTED SECTIONAL 6ARAGE I)OOR ELEVATIONS O ST RICHARD C. HANDLEN EDI ARCHITECTURE, INC. 333 BROADWAY SAN FRANCISCO, CA 94133 T 415.36g.gg80 F 415.394.8767 FRONT ELEVATION C FRONT ELEVATION D NOTE: 12" EAVES 4" GUTTEI~ PLAN ONE C & D -I~ER LOTSI ARWARD ~ ROOF PLAN - ELEVATION C 98108 31 JULY 98 PAGE 3 SCHULER HOMES, INC. SECOND FLOOR LOT 24 RICHARD C. HANDLEN EDI ARCHITECTURE, INC. 333 BROADWAY SAN FRANCISCO, CA 94133 T 415.362.~§80 F 415.394.8767 FIRST FLOOR LOT 24 PLAN ONE LOT 24 STARWARD D U B L I N I C A L I F 0 R N I A LEFT LOT 24 NOTE: TIlE PLANS DEPICT ELEVATION C (CORNER LOT) FIRST FLOOR 596 SF SECOND FLOOR 765 SF LIVING TOTAL 1,361 SF GARAGE 418 SF GROSS TOTAL 1,779 SF 981-08 ~ 31 JULY 98 PAGE SCHULER HOMES, INC. NOTE: I THE PLANS DEPICT ~ -- A CORNER LOT HOME.] MBR WINDOWS ARE ~ REVERSED AT INTERIOR LOTS. ~5'-0" RICHARD C. HANDLEN EDI ARCHITECTURE, INC. 333 BROADWAY SAN FRANCISCO, CA 94133 T 4[5.361L£§80 F 415.39,L8767 SECOND FLOOR PLAN TWO FLOOR PLAN S TARWAR D FIRST FLOOR NOTE: THE PLANS DEPICT ELEVATION C (CORNER LOT) FIRST FLOOR 676 SIr SECOND FLOOR 922 SF LI'YING TOTAL 1,598 SF GARAGE ,t33 SF GROSS TOTAL 2,03i SF 98105 31 JULY 98 PAGE SCHULER HOMES, INC. FRONT ELEVATION A RIGHT COMPOSITION SHINGLE ROOFS STUCCO SIDING STUCCO TRIM VINYL WINDOWS RICHARD C. HANDLEN EDI ARCHITECTURE, INC. 333 BROADWAY SAN FRANCISCO, CA 94133 T 415.362.2880 F 415.394.8767 ~ ~ ....... REAR LEFT PLAN TWO ELEVATIONS A & B - [IINTERIOR LOTS] O S TARWA R D DUBLIN C .~ L I F 0 R 1'I I t NOTE: t2" EAVES 4" GUTTER ROOF PLAN - ELEVATION A 98t'08 31 JULY 98 PAGE SCHULER HOMES, INC. ~~./ ~.~o~ ~~,,,,,,, .......... ~ ~ ', L" .:, ........ ~1 ~ II I j _ y ~_ :~ / ~_o~ I~ ii'-~ " ",-' ~'~v-~ ,~J ~-~,o/.,~.~o .... (~ - - . ~_ __~ z / t11 II ,, '--..7-~ ~o~ ~T " ' LEFT LEFT ELEVATION D ELEVATION C REAR RICHARD C. HANDLEN EDI ARCHITECTURE, INC. 333 BROADWAY SAN FRANCISCO, CA 94133 T 4[5.362,28110 F 4i5.394.8767 RIGHT "'t' [mml"l ........... j': t~ ,' ................... , II Ill~llL~ I~"'"'"'1 Illl~~ FRONT FRONT ELEVATION C ELEVATION D NOTE: t 2" EAVES 4" GUTTER ROOF PLAN - ELEVATION C PLAN TWO ELEVATIONS C & D -I[~-ER LOTStl <) STARWA R D ~ D U B L i N ~ C A L I F 0 R N I. A 98108 ~ o '2'~'~' 6' 31 JULY 98 PAGE 7 fl0 l§proC.l)WC SCHULER HOMES, INC. SECOND FLOOR INOTE: POP-OUT ONLY OCCURS AT ELEVATION C CORNER LOT ~REAT NOTE: THE PLANS DEPICT ELEVATION C (CORNER LOT) FIRST FLOOR RICHARD C. HANDLEN EDI ARCHITECTURE, INC. 333 BROADWAY SAN FRANCISCO, CA 94133 T ,t15.362.2880 F 415.394,8767 PLAN THREE FLOOR PLAN STA RWA R D FIRST FLOOR 730 SF SECOND FLOOR 985 SF LIVING TOTAL 1,721 SF GARAGE 421SF GROSS TOTAL 2,142 SF 981~08 ~ 31 JULY 98 rA~. 8 SCHULER HOMES, INC. FRONT ELEVATION B RIGHT COMPOSITION SHIR(ILE ROOF~ STUCCO ~IDING STUCCO T~M VINYL ~NDOW~ PAI~ED ~E~IONAL GAUGE DOOR RICHARD C. HANDLEN EDI ARCHITECTURE, INC. 333 BROADWAY SAN FRANCISCO, CA 94133 T ,t15.362.2880 F 415,39,1.B767 REAR LEFT NOTE: I TRIM DETAIL EXTENDS TO FENCE NOTE: 12" EAVES 4" GUTTER PLAN THREE ELEVATIONS A & B -I[iNTE~OR LOTS_~[ O STARWARD D U B L I N / C A L I F O R N I A ROOF PLAN - ELEVATION A 98108 ~ { O1'2'9'4' 8' al JULY 08 PAGE ~0 lflproC.DW(l 9 SCHULER HOMES, INC. RIGHT ELEVATION C (CORNET LOT ONLY) RIGHT ELEVATION D REAR BUY. DING MAT~BIAI2 COMPOSITION SMINGL~ ROOFS STUCCO SIDING STUCCO TRIM RICHARD C. HANDLEN EDI ARCHITECTURE, INC. 333 BROADWAY SAN FRANCISCO, CA 94133 T 415.362.2880 F 415,39,1.8767 LEFT FRONT I r~o~s: ErrEN,S ELEVATION C TO FENCE PLAN THREE FRONT ELEVATION D NOTE: 12" EAVES 4" GUTTER ROOF PLAN - ELEVATION C ELEVATIONS C & D -I[-CU-~NER LOTS ~ S TARW AR D 98]:08 ~ SCHULER HOMES, INC. ~ ~ ~v',',', ,, ,v',',',~ ~'_ ',',',,',~ ~',,",~ ................ ~~t,',' ',,",' ', ~,v vv', ~ ,','~ ' ~=~,~,-~l tlI, ,, II I111 iiU IlUUlUl U U~ J, ~11~ ' /I I',~ ~ , I , ,~ ~ ~ ~,' FRONT ELEVATION E (LOT 9 ONLY) LEFT COMPOSITION SHINGLE ROOFS ST{ICCO SIDINC STUCCO TRIM VIN'~ WINROWS RICHARD C. HANDLEN EDI ARCHITECTURE, INC. 333 BROADWAY SAN FRANCISCO, CA 94133 T 4i5.362.2§80 F 415.39.1.8767 NOTE: TRIM DETAIL EXTENDS TO FENCE REAR ELEVATIONS RIGHT ELEVATION E PLAN THREE E & F -}{WIDE-SHALLOW LOTSJ} STARWARD (> NOTE: i2" EAVES 4" GUTTER ROOF PLAN '~- ELEVATION E 98108 ~ 31 JULY 98 ;~.~. SCHULER HOMES, INC.