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HomeMy WebLinkAboutItem 6.2 AppealDenialPA97-004 "" CITY CLERK File # [Q][f][ZJ[e]-@]~ . AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 3, 1997 SUBJECT: PUBLIC HEARING: Appeal of Planning Commission denial ofPA 97-004 Dublin Ranch Phase I Conditional Use Pennit - Elementary School Relocation (prepared by: Tasha HU5ton, Associate Planner) ~ Attachment 1: Attachment 2: Attachment 3: Attachment 4: Attachment 5: Attachment 6: Resolution Approving Negative Declaration and Conditional Use Permit Planning Commission Staff Report Planning Commission Minutes Letter from Dublin Unified School District Letter from applicant Appealing Planning Commission Decision Negative Declaration Vicinity Map EXIllBITS ATTACHED: Exhibit A: RECOMMENDATION: 1) ~~ 4) . 5) Open public hearing and hear Staff presentation Take testimony from the Applicant and public Question Staff, Applicant and public Close public hearing and deliberate Adopt Resolution Approving Negative Declaration and Conditional Use Permit (Exhibit A) FINANCIAL STATEMENT: None DESCRIPTION: The proposed Conditional Use Permit would allow a minor modification to the approved Dublin Ranch Planned Development (PD) Rezone, Land Use and Development Plan (LUDP) and Site Plan to include a 10-acre Elementary School and approximately 2 acres of open space buffer within the Dublin Ranch Phase I development The changes to the approved PD include a revised boundary to accommodate the school adjacent to the Neighborhood Park site, and minor shifts in the lot layouts to move the residential lots displaced by the School. Dublin Ranch, comprising all of the Jennifer Lin Family property holdings, is located within the Eastern Dublin Specific Plan area and encompasses a total of 1,227 acres. A portion of Dublin Ranch (1,037 acres) has been annexed to the City. The Planned Development (PD) District Rezone for Phase I covers approximately 210 acres of the Dublin Ranch annexed area (see vicinity map included as Attachment 6). The Phase I development involves primarily residential land uses, plus a neighborhood park and some open space. A complete listing of the approved Phase I land uses is contained in the Planning Commission Staff Report, Attachment 1. ----------------------------- . COPIES TO: In House Distribution School District Applicant/Owner ITEM NO. 6~2 g:97004\ccsr6-3 . In January of 1996, when the City Council approved the PD Rezone for the Dublin Ranch Phase I project, an elementary school site to serve this neighborhood was located jU5t outside the Phase I project boundary, near Fallon Road. In recent meetings with staff and planners representing the Dublin and Livermore School Districts, school site issues including location and number of schools needed for the early phases of development-in Eastern. Dublin were resolved. The consensus reached included the recommendation that the school near Fallon Road should be located further away from the mcgor roadway and more central to the Phase I residential neighborhood. The project proponents filed an application for a Conditional Use Permit to process this school site relocation. The Planning Commission held a public hearing on this Conditional Use Permit on May 13,1997 (Staff Report included as Attachment 1). At the hearing the Planning Commission expressed concerns with various aspects of the school site and the proposed relocation, mainly regarding traffic, parking, and maintenance of the school site prior to school construction (planning Commission Meeting Minutes included as Attachment 2). After the close of the public hearing, the Planning Commission voted 4-1 to not approve the proposed Conditional Use Permit for the school site relocation. The applicant filed an appeal of this decision with the City Clerk on May 14, 1997 (letter included as Attachment 4). ANALYSIS: The Plarming Commission raised seveml questions regarding the school site relocation, with the main areas of concern centering on traffic movements near the school (students being dropped off or picked up), and maintenance of the school site prior to development of the school. These two issues are discussed below. The anticipated traffic movements related to the school site have been thoroughly reviewed by Staffin light of the proposed site relocation. Locating the school site next to the neighborhood park within Phase I could result in a . slight alteration of planned traffic patterns in the residential areas. However, the location further from the major roadway is expected to improve the safety of school children by decreasing the likelihood of pedestrian & vehicular conflicts, including unsafe left turn movements. The overriding concern with the previous location was its adjacency to Fallon Road and the traffic conflicts which could result from a high-traffic genemtor so close to an arterial street Representatives of both the Dublin and Livermore School Districts have been involved in the discussions of potential school sites, and have agreed that the site next to the park, further away from Fallon Road, is the preferred location (see letters from Dublin School District, included as Attachment 3, and Livermore School District, included with Planning Commission Staff Report, Attachment 1). Conditions of approval have been incorporated into the approval of the Conditional Use Permit to ensure the streets adjacent to the school are designed to accommodate the anticipated traffic. In addition, a supplemental study was done to assess the potential increase in neighborhood traffic due to the location of the elementary school (P A 97-004 Dublin Ranch Phase I Conditional Use Permit, Elementary School, TJKM, March, 1997). The conclusions of this study are that, in the new location, the school can be designed to address vehicular movements and unloading at the school site. The project proponent will need to coordinate with the City's Public Works Department in planning for school access and improvements to roadway systems as required by the FEIR and conditions of the PD Rezone approval. The concerns raised regarding maintenance of the school site were based upon the possibility that the site could remain vacant for a number of years prior to the school being constructed. While the potential for this occurring exists, the School Districts have prepared school facilities maSter plans, to plan for the anticipated school needs . based upon the number of students expected to live in these neighborhoods. The draft 1995 update to the Dublin School District Facilities Master Plan evaluates the school needs for the Eastern Dublin area., including Dublin Ranch, and indicates that the new elementary school on the Dublin Ranch Phase I property will most likely be the third or fourth elementary school built in the Eastern Dublin area, depending upon the pattern and timing of residential development. . In addition, the School District Facilities Plan has identified three school sites previously shown in the Eastern Dublin Specific Plan which will not be necessary to serve the expected population, and can be planned for other uses. Therefore, the remaining school sites (including the elementary school in the Phase I neighborhood) can be considered critical to serve the residents of the initial phases of the Eastern Dublin developments. The design and planning of the school site and traffic circulation will be finther refined as the planning process for this subdivision proceeds. The Dublin Ranch project proponents will be applying for a tentative subdivision map and site development review entitlements for the residential development Detailed information and refinements which will occur at the subdivision and site review stages include the exact street width and lane requirements needed, access points and driveways for the school, as well as the internal circulation and design of the school site. In summary, the school site relocation is preferred because it will achieve three additional criteria used by the School District* in evaluating school sites, which are: 1. The school will be centrally located to miillmize student travel distance; 2. The school will be next to a neighborhood park to enable shared use of facilities; and 3. The school will be in excess of200 feet from Fallon Road, the required distance for clear driver visibility and safe vehicular and bus movements * According to "School Site Selection and Approval Guide", California State Department ofEducatioIl, Sacramento, 1989. . The revised location for the elementary school will provide a more centrally located school within the Phase I neighborhood, and have the benefits of safer and more convenient school accessibility. The revised location is supported by staff and both the Dublin and Livermore School Districts. Please see the attached letters from the Dublin Unified School District, included as Attachment 3, and Livermore Unified School District, included with the Planning Commission Staff Report, Attachment 1. The proposed school site relocation is consistent with the policies and guidelines of the Dublin General Plan and the Eastern Dublin Specific Plan. Policy 4.1 of the Dublin General Plan requires that, as a condition of project approval in the Extended Planning Area, logical and buildable school sites will be offered. In addition, Sections 4.2 and 4.8.3 of the Specific Plan appear to contemplate that the exact location of certain land uses would not be known until refined plans are prepared. For example, Section 4.2 reads, in part, "Minor adjustments to road alignments and (land use) boundaries may be necessary when individual applications for development are submitted (Refer to Chapter 11, Implementation, fur further discussion of such adjustments)." And, Section 11.2.7 reads, in part, . " 'Planned Development Plans' shall be prepared in greater detail than the Specific Plan, in keeping with zoning ordinance requirements. The plan shall show the location and arrangements of all proposed uses, specifY the circulation system, define parcels, refine the design standards,...., and note neighborhood park location." The proposed school site relocation actually promotes the following Specific Plan policies: 1) Locating elementary schools away from major arterials, and wherever possible adjacent to an open space corridor (Section 4.8.3), 2) encourage accessibility to major activity centers (schools included) from residential areas (Section 5.4); and 3) reserving school sites and promoting a consolidated development pattern (policies 8-1 and 8-2). - The relocation of the elementary school site is depicted on the plans a~hed as Exhibit A-I and A-2, consrsting of 1) a Site Plan for Phase 1 prepared by MacKay & Somps dated revised February 12, 1997; and 2) a District Planned Development PlanlLand use and Development Plan for Phase I dated revised February 12, 1997. Thes~ two sheets are proposed to replace the Site Plan and District Planned Development Plan approved by the City . Council for P A 95-030, the Dublin Ranch Phase I PD Rezone, Resolution 12-96, January 23, 1996. District Planned Development Plan The Dublin Ranch Phase I Planned Development Rezoning includes a District Planned Development Plan (DPDP) (see Exhibit A-2). This plan is intended to satisfy the requirements of the City's Zoning Ordinance for a Land Use and Development Plan, as well as the Specific Plan's DPDP requirements. The approved PD Rezone for Dublin Ranch Phase I accommodated the requirements for both plans with the single sheet, labeled District Planned Development Plan (DPDP). The revised DPDP would accomplish the same processing requirements, with the revision to include the school site within the Phase I boundary. ENVIRONMENTAL REVIEW: An Initial Study was prepared for the project dated Apri!l, 1997, The Initial Study evaluated issues relating to noise, land use and traffic, among others. The only letter received in response to the circulation of the Initial Study and Draft Negative Declaration was from the Livermore Valley Joint Unified School District The letter commented on two aspects of the school relocation, and a response to these comments was included in the Planning Commission Staff Report, attached to this report as Attachment 1. The letter also noted that the proposed school site location, being away from busy multiple lane intersections, will. have better and safer pick-up and drop-offlocations. As a result of the Initial Study, it was determined that the proposed project will not have a significant effect on the environment The attached resolution contains a general condition of approval requiring the project to comply with all action programs and applicable mitigation measures of the Eastern Dublin Specific Plan and Final Environmental Impact Report A Negative Declaration has been prepared for the project pursuant to the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the City of Dublin Environmental Guidelines. A copy of the proposed Negative Declaration is attached to this report as Attachment 5. CONCLUSION: This application has been reviewed by the applicable City Departments and agencies, and their comments have been included into the Conditions of ApprovaL The relocation of the School Site can be considered a "Minor Modification" of the Land Use and Development Plan, because it 1) does not materially change the provisions of the approved Plan, and 2) is consistent with the Dublin General Plan and Eastern Dublin Specific Plan. Therefore, approval of this Conditional Use Permit is an appropriate use of the procedures established by the Dublin Zoning Ordinance for minor modifications to a Planned Development Staff recommends adoption of a Negative Declaration and approval of the Conditional Use Permit, subject to conditions listed in the Resolution (Exhibit A), including adoption of the findings required by Section 8-94.0 of the. Zoning Ordinance. . . . " RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ADOPTING A NEGATIVE DECLARATION AND APPROVJNG P A 97-004 DUBLIN RANCH PHASE I CONDmONAL USE PERMIT FOR A MlNOR MODIFICATION TO TIIE APPROVED DUBLIN RANCH PLANNED DEVELOPMENT TO RELOCATE THE ELEMENTARY SCHOOL SITE WHEREAS, Ted Fairfield, on behalf of Jennifer Lin, et. al., requests approval of a Conditional Use Permit to modify the District Planned Development Plan/Land Use and Development Plan (LUDP) and Site Plan for the approved Planned Development approved by the City Council by Resolution No. 12-96, which established General Provisions for P A 95-030, Dublin Ranch Plarmed Development Rezoning; in order to allow the location of a 10-acre site for an elementary school to be included within the boundary of the Phase I development; and WHEREAS, Section 8-31.18 of the City of Dublin Zoning Ordinance states that if, in the opinion of the Planning Commission, a proposed structure, facility or land use not indicated on a Land Use and Development Plan approved by the City Council does not materially change the provisions of the approved Land Use and Development Plan; the structure, facility or land use may be permitted subject to securing a Conditional Use Permit; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA): An Initial Study was prepared pursuant to the State CEQA Guidelines, and the City of Dublin Environmental Guidelines. The Initial Study resulted in the determination that there are no negative environmental'impacts expected from this project which have not been addressed in the previous environmental review conducted with the Eastern Dublin Specific Plan EIR., and therefore a Negative Declaration has been prepared; and WHEREAS, the staff report was submitted recommending the Planning Commission approve the Negative Declaration and the Conditional Use Permit subject to Conditions of Approval prepared by Staff; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth and did review and use their independent judgment to consider the Negative Declaration and Conditional Use Permit at a public hearing on said application on May 13, 1997; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Planning Commission, at the conclusion of a duly noticed public hearing denied said application; and WHEREAS, the Applicant., Ted Fairfield, on behalf of Jennifer Lin, et. al., has appealed the decision of the Planning Commission to the City Council; and 1 EXHIBIT A \VHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and a Negative Declaration has been prepared for this project as it will have no significant effect on the environment; and . WHEREAS, the staff report/agenda statement was submitted recommending the City Council approve the Negative Declaration and the Conditional Use Permit subject to Conditions of Approval prepared by Staff; and WHEREAS, the City Council did hear and consider all said reports, recommendations and testimony herein above set forth and used their independent judgment to evaluate the project. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby find that: A. A Conditional Use Pennit allowing a minor rnodification to the approved Planned Development for Dublin Ranch Phase I to relocate the elementary school site will not have a significant effect on the environment based on review of the Initial Study and public testimony. B. The Negative Declaration has been prepared and processed in accordance with State and local environmental laws and guideline regulations. C. The Negative Declaration is complete and adequate. A Notice of Determination will be filed stating that the project will not have a significant effect on the environment . NOW, THEREFORE BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby adopt the Negative Declaration for P A 97-004, Dublin Ranch Phase I Conditional Use Pennit. AND, BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby find that: 1. The proposed project serves the public need by providing an elementary school for the children living in the Dublin Ranch Phase I neighborhood and surrounding community. 2. The proposed use will be properly related to other land uses and transportation and service facilities in the vicinity. The elementary school will be compatible with adjacent uses, in that the Eastern Dublin Specific Plan designates sites for schools within residential areas, and away from major arterials. The school site in this location will provide benefits of convenience, safety, and neighborhood identity. 3. The proposed use will not materially adversely affect the health or safety of persons residing or working in the vicinity, or be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, as the school site and/or adjacent streets will be designed to accommodate anticipated traffic circulation, and all applicable regulations will be met . 4. The proposed use will not be contrary to the specific intent clauses or performance standards established for the District in which it is to be located in that conditions have been applied to 2 . . . ensure conformance with the applicable Specific Plan and environmental impact mitigation requirements, and because the use is consistent with the character of the surrounding area 5. The proposed use will not materially change the provisions of the approved Planned Development Land Use and Development Plan/District Planned Development Plan. 6. The approval of the Conditional Use Permit will be consistent with the Dublin General Plan, and Eastern Dublin Specific Plan. NOW, THEREFORE, BE IT FURTHER RESOLVED TIlAT THE Dublin Planning Commission does hereby conditionally approve P A 97-004 Dublin Ranch Phase I Conditional Use Permit to make minor modifications to the approved PD Rezone adopted for P A 95-030, as generally depicted by "Exhibit A-I and A- 2", plans consisting of I) a Site Plan for Phase 1 consisting of 2 sheets prepared by MacKay & Somps dated revised February 12, 1997; and 2) a District Planned Development PlanlLand Use and Development Plan for Phase 1 dated revised February 12, 1997; stamped approved and on file with the Dublin Planning Department, subject to the following conditions: CONDmONS 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 sublect to Planning Department review and approval. The following codes represent those departments/agencies resPOnsible for monitoring compliance of the conditions of approval. fPLl Planning. [BJ Building.IPOl Police.IPWl Public Works, rADMl Administration/City Attornev, (FINl Finance. fFl Dou~ertv Regional Fire Authority, IDSRl Dublin San Ramon Services District Alameda County rCOl Alameda County Flood Control & Water Conservation District rZone 71. 1. This approval is for a Conditional Use Perinit to allow a minor modification to the Dublin Ranch Phase. I PD as approved by City Council Resolution No. 12-96, approved on January 23, 1996, pertaining to P A 95-030 Dublin Ranch Phase I Planned Development Rezoning, to allow a revision to the project boundary to include the 10 acre elementary school site and a 2-acre open space/creek corridor buffer, and to relocate the site of the elementary school next to the Neighborhood Park, to be closer to the center of the Dublin Ranch Phase I neighborhood and further from Fallon Road. 2. City Council Resolution 12-96 approving and establishing findings and general provisions for a Planned Development Rezoning concerning P A 95-030 is revised as follows: "General Provisions" , Section C. "General Provisions and Development Standards", subparagraph I. "Intent", subparagraph a. shall be amended to add the following phrase at the end of the subparagraph: "...with revisions as approved by Conditional Use Permit for P A 97-004, as generally depicted by plans consisting of 1) a Site Plan for Phase 1 prepared by MacKay & Somps dated revised February 12, 1997; and 2) a District Planned Development PlanlLand use and Development Plan for Phase 1 dated revised February 12, 1997 (Exhibits "A-I" and "A-2"); stamped approved and on file with the Dublin Planning Department" 3 3. Except as specifically modified in these conditions, development shall conform to the Conditions of Approval established by: City Council Resolution No. 12-96, approved on January 23, 1996, pertaining to P A 95-030 Dublin Ranch Planned Development Rezoning. [PL] . 4. The project developer is reminded of the requirement (as previously specified in approval of the PD Rezone) to mitigate school facilities impacts (see City Council Resolution No. 12-96, Condition #9). [pL, ADM] 5. The school site should provide adequate on-site vehicle storage area for vehicles dropping off and picking up students. If providing adequate on-site vehicle storage area is not possible, the developer shall mitigate impacts to the public street system by widening the roadway or using other means subject to approval of the City Engineer. [PL, PW] 6. The locations of driveways for the school site shall be subject to approval of the City Engineer. [PW] 7. On an annual basis, this Conditional Use Permit approval shall be subject to Zoning Investigator review and determination as to compliance with Conditions of Approval. [PL] 8. This pennit shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. [PL] 9. The applicant shall cornply with all applicable action programs and mitigation measures of the Eastern Dublin General Plan Amendment/Specific Plan and companion Final Environmental Impact Report (FEIR). respectively, that have not been made specific conditions of approval of this Conditional Use . Permit [PL] PASSED, APPROVED AND ADOPlED this 3rd day of June, 1997. 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CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: May 13, 1997 TO: Planning Commission FROM: Planning Staff PREPARED BY: -UN- Tasha Huston, Associate Planner /<-- SUBJECT: PA 97-004, Dublin Ranch Conditional Use Permit - Request for Conditional Use Permit approval allowing modifications to the Planned Development Rezone for Phase I of Dublin Ranch Planned Development Rezone. BACKGROUND: In January of 1996, the City Council approved a Planned Development {PO} District Rezone for the Dublin Ranch Phase I project. Consistent with the Eastern Dublin Specific Plan, a school site was located near Fallon Road, just outside the Phase I project boundary. In recent meetings with staff and planners representing the Dublin and Livermore School Districts, school site issues including location and number of schools needed for the early phases of development in Eastern Dublin were resolved. The consensus reached included the recommendation that the school near Fallon Road should be relocated further away from the major roadway and doser to the residential neighborhood in Phase I. 'Therefore, a Conditional Use Permit is proposed to process this minor modification to the Phase I PO, for a school relocation and boundary adjustment, to accommodate an elementary school in the Phase I development. ANALYSIS: Proiect Description Dublin Ranch. comprising all the Jennifer Lin Family property holdings, is located within the Eastern Dublin Specific Plan project area and encompasses a total of 1,227 acres. A portion of Dublin Ranch {1 ,037 acres} has been annexed to the City. The Planned Development {PD} District Rezone for Phase I covers the approximately 210 acres of the Dublin Ranch annexed area {see Attachment 1}. -------------------------- ----------.....------ Item No. <t. 2... Copies To: Applicant/ Property Owner PA File General File Senior Planner 7 The approved Dublin Ranch Phase I project consists of the following land uses: . PD Single Family (Low Density) Residential - 570 dwelling units (111.8 acres, including 2 acre private recreational facility); PD Medium Density Residential - 277 dwelling units (35.7 acres); PD Open Space - 57.5 acres; Neighborhood park - 5.0 acres. Total maximum dwelling units: 847 Total Acres: 210 . . . . . The proposed Conditional Use Permit would allow a minor modification to the approved Planned Development (PD) Rezone and approved Land Use and Development Plan (LUDP) and Site Plan to show the inclusion of a 10-acre Elementary School and approximately 2 acres of open space buffer to be located within the Phase I development. The changes to the approved PD include a revised boundary to accommodate the school adjacent to the Neighborhood Park site, and minor shifts in the lot layouts to move the residential lots displaced by the School. With the school relocation, the revised project area would be 222 acres. .' The relocation of the elementary school site is depicted on the plans attached as Exhibit A, . consisting of 1) a Site Plan for Phase 1 prepared by MacKay & Somps dated revised February 12, 1997; and 2) a District Planned Development Plan/Land use and .:. Development Plan for Phase 1 dated revised February 12, 1 997. These two sheets are proposed to replace the. Site Plan and District Planned Development Plan approved by the City Council for PA 95-030, the Dublin Ranch Phase I PD Rezone, Resolution 12-96, January 23, 1996. The revised location for the elementary school will provide a more centrally located school within the Phase I neighborhood, and have the benefits of safer and more convenient school accessibility. The revised location is supported by staff and both the Dublin and Livermore School Districts. The proposed school site relocation is consistent with the policies and guidelines of the Dublin General Plan and the Eastern Dublin Specific Plan. Policy 4.1 of the Dublin General Plan requires that, as a condition of project approval in the Extended Planning Area, logical and buildable school sites will be offered. In addition, Sections 4.2 and 4.8.3 of the Specific Plan appear to contemplate that the exact location of certain public facilities, such as schools, would not be known until refined plans are prepared. The proposed school site relocation actually promotes the following Specific Plan policies: 1) Locating elementary schools away from major arterials, and wherever possible adjacent to an open space corridor (Section 4.8.3), 2) encourage accessibility to major activity centers (schools included) from residential areas (Section 5.4); and 3) reserving school sites and promoting a consolidated development pattern (Policies 8-1 and 8-2). <b (J (')9 r f. -- .- 'Cr :;o. r.o. 0< :~....:.:...._.."l;_ 2 .. .--. &-- . District Planned Development Plan The Dublin Ranch Phase I Planned Development Rezoning includes a District Planned Development Plan (DPDP) (see Exhibit A). This plan is intended to satisfy the requirements of the City's Zoning Ordinance for a Land Use and Development Plan, as well as the Specific Plan's DPDP requirements. The approved PD Rezone for Dublin Ranch Phase I accommodated the requirements for both plans with the single sheet, labeled District Planned Development Plan (DPDP). The revised DPOP would accomplish the same processing requirements, with the revision to include the school site within the Phase I boundary. Environmental Analvsis An Initial Study was prepared for the project dated April 1, 1997, and it found that the project is not expected to generate any environmental impacts not fully mitigated or not previously addressed in the Eastern Dublin Environmental Impact Report. The only letter received in response to the circulation of the Initial Study and Draft Negative Declaration was from the Livermore Valley Joint Unified School District. The letter identified two concerns with the proposal, as follows: 1. A concern that students living in areas further away from the school (i.e. on the opposite side of Fallon Road) will need to cross busy intersections. 2. A reminder that the project is required to fully mitigate school facilities impacts. The letter also noted that the proposed school site location, being away from busy multiple lane intersections, .will have better and safer pick-up and drop-off I~cations. In response to concern #2, the PD Rezone previously approved for the project addresses school facilities mitigation by requiring the developer to enter into a written mitigation agreement with the affected school district prior to approval of the tentative subdivision map. A condition of approval has been incorporated into the approval of the CUP to remind the developer of the required school facilities mitigation. " In response to concern #1 , the Initial Study acknowledged that inclusion of the school site within Phase I of the Dublin Ranch project could result in a slight alteration of planned traffic patterns in the residential areas. However, the location further from the major roadway is expected to improve the safety of school children by decreasing the likelihood of pedestrian & vehicular conflicts. A supplemental study was done to assess the potential increase in neighborhood traffic due to the location of the elementary school (PA 97-004 Dublin Ranch Phase I CUP, Elementary School, T JKM, March, 1997). The conclusions of this study are that the school can be designed to address vehicular movements and unloading at the school site. The project proponent will need to coordinate with the City's Public Works Department in planning for school access and improvements to roadway systems as required by the FEIR and conditions of the PO Rezone app~~~~1. ("'.,..--:->Cj 3 i~/'"'' 3 ,I'" 0) ~....--- ""+--- Finally, the Planning Department is currently reviewing the proposed residential development for Dublin Ranch "Area A" (on the opposite side of Fallon Road). . Access to the school site in Phase I for future residents of this neighborhood is being considered as part of that project. Conditions of approval have been incorporated into the approval of the CUP to address concerns with pick-up and drop-off of students. The attached resolution also contains a general condition of approval requiring the project to comply with all action programs and applicable mitigation measures of the Eastern Dublin Specific Plan and Final Environmental Impact Report. Conclusion This application has been reviewed by the applicable City Departments and agencies, and their comments have been included into the Conditions of Approval. In addition, the relocation of the School Site can be considered a "Minor Modification" of the Land Use and Development Plan, because it 1) does not materially change the provisions of the approved Plan, and 2) is consistent with the Dublin General Plan and Eastern Dublin Specific Plan. Therefore, approval of this Conditional Use Permit is an appropriate use of the procedures established by the Dublin Zoning Ordinance for minor modifications to a Planned Development. .,. Staff recommends approval of the Conditional Use Permit, subject to conditions listed in the Draft Resolution of Approval (Exhibit B), including adoption of the findings required by Section 8-94.0 of the Zoning Ordinance. RECOMMENDATIONS: FORMAT: 1 ) 2) 3) 4) 5) Open public hearing and hear Staff presentation. Take testimony from the Applicant and the public. Question Staff, Applicant and the public. Close public hearing and deliberate. Adopt Draft Resolution (Exhibit B) relating to PA 97-004, or give Staff and Applicant direction and continue the matter. ACTION: Staff recommends the Planning Commission adopt the Draft Resolution approving the Conditional Use Permit (Exhibit B) relating to PA 97-004. . 4 '-:';,':-;: ~ r;: J~ t J ......;.;... __ "_-: ........- It> .- .... '. '0' . . . . ~, . ATTACHMENTS: .......... Exhibits: Exhibit A: Exhibit B: Phase I District Planned Development Plan and Site Plan Resolution approving Conditional Use Permit Background Attachments: Attachment 1: Attachment 2: Attachment 3: Attachment 4: (g:pa97004\pcsr) it Location Map Applicant's written statement City Council Resolution 12-96 for PA 95-030 Dublin Ranch Phase I Planned Development Rezone Letter from Livermore Valley Joint Unified School District 5 ~9 !"""'. r, .......':"'" r.~ ,.;"._ '\'. D\ t..~:...................'_;_ 5 GENERAL INFORMATION: APPLICANT: Ted C. Fairfield Consulting Civil Engineer P.O. Box 1148 551 0 Sunol Boulevard Pleasanton, CA 94566 .' PROPERTY OWNER: Jennifer Lin C/O Ted C. Fairfield Consulting Civil Engineer P.O. Box 1148 5510 Sunol Boulevard Pleasanton, CA 94566 LOCATION: East of Tassajara Road and approximately 4,000 feet north of the Interstate 580 Freeway within the Eastern Dublin Specific Plan project area. ASSESSOR PARCEL NO.(S): 946-680-3; 94-680-4; 946-1040-1-2; 946-1040-2; 946-1040-3-2; 99B-3046-2-6; 99B-3046-2-9 GENERAL PLAN DESIGNATION: Single Family; Medium Density; Open Space EASTERN DUBLIN SPECIFIC PLAN DESIGNATION: Single Family; Medium Density; Open Space .. EXISTING ZONING AND LAND USE: .0.....-.. PO Single Family; PO Medium Density; PD Open Space/ Cattle Grazing and Agriculture SURROUNDING LANG USE AND ZONING: North: Cattle Grazing; Agriculture/PD Community Park; Agricultural District; South: Cattle Grazing; Agriculture/ PD Medium Density Residential; PO Single Family Residential; PD Open Space East: Cattle Grazing; Agriculture/PO Open Space West: Equestrian FacilitylPD Medium Den~ity ZONING HISTORY: October 10, 1994: Dublin City Council approved the Eastern Dublin Planned Development District Overlay Zone (Prezone) for a 1.538 acre site (PA 94-030). November 14, 1994: Alameda County LAFCo approved the Eastern Dublin Reorganization request for PA 94-030. January 12, 1995: Alameda County LAFCo unanimously disapproved the request to reconsider the Eastern Dublin Reorganization approval. . January 23, 1995: Dublin City Council approved (ordered) Eastern Dublin Annexation/Detachment No.1 0 (PA 94-030). ~, , _ _ &. ,.~ r{) i '-:.~"':";" ; l."_ CX,......, .t-i..:;..._... ...-............:-'- I~ 6 .-. .~, . .... .. }?J October 1, 1995: Eastern Dublin Reorganization (Annexation/Detachment No.1 0) effective for a 1,538 acre site (PA 94.030). became January 23, 1996: Dublin City Council approved Dublin Ranch PD Rezone (PA 95-030). APPLICABLE REGULATIONS: Section 8.31.18, Planned Development District Minor Modification of the Land Use and Development Plan, states if a proposed structure, facility or land use not indicated on a Land Use and Development Plan approved by the City Council does not materially change the provisions of the approved Land Use and Development Plan, the structure, facility or land use may be permitted subject to securing a Conditional Use Permit. Section 8-94.0 states that conditional uses must be analyzed to determine: 1) whether or not the use is required by the public need; 2) whether or not the use will be properly related to other land uses, transportation and service facilities in the vicinity; 3) whether or not the use will materially affect the health or safety of persons residing or working in the vicinity; and 4) whether or not the use will be contrary to the specific intent clauses or performance standards established for the district in which it is located. ENVIRONMENTAL REVIEW: A Negative Declaration was prepared pursuant to State CEQA Guidelines, and the City of Dublin Environmental Guidelines for PA 97-004. The City finds that there have not been any identified changes in the Hansen Hills Project or in the circumstances under which the Hansen Hills Project is to be undertaken. The City also finds that there is no new information. which requires revisions or to the Negative Declaration adopted for PA 91-096. A Notice of Determination will be filed stating that the project will not have a significant effect on the environment. See Environmental Analysis section of the staff report for explanation of potential impacts and mitigation measures. . . NOTIFICATION: Public Notice of the May 13, 1997, public hearing and of the environmental review was published in the local newspaper, mailed to adjacent property owners, and posted in p~blic buildings. 7 91 P;\~f. 1 r)::: 0\ .I,a.......__-~.:........_ C( ,!,- .~- ,.. 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'-.<:l.J i , --;-~( , ~o"v~ /":\~ ~.? \-'.? \ \::J .j? \ \ ~ . <t~ a::: ! a:~ '"'-' ......-; \>- u o ~o t,;li> V ~1~1\1 11111 ~! ~\ II cDl ~ ~ RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN . APPROVING PA 97-004 DUBLIN RANCH CONDITIONAL USE PERMIT FOR A MINOR MODIFICATION TO THE APPROVED DUBLIN RANCH PLANNED DEVELOPMENT PROJECT WHEREAS, Ted Fairfield, on behalf of Jennifer Un, et. aI., requests approval of a Conditional Use Permit to modify the Land Use and Development Plan (lUDP) and Site Plan for the approved Planned Development approved by the City Council by Resolution No. 12-96, which established General Provisions for PA 95-030, Dublin Ranch Planned Development Rezoning; in order to allow the location of a 1 Q-acre site for an elementary school to be included within the boundary of the Phase I development; and WHEREAS, Section 8-31.18 of the City of Dublin Zoning Ordinance states that if, in the opinion of the Planning Commission, a proposed structure, facility or land use not indicated on a land Use and Development Plan approved by the City Council does not materially change the provisions of the approved Land Use and Development Plan; the structure, facility or land use may be permitted subject to securing a Conditional Use Permit; and >~__:__., WHEREAS, the Planning Commission held a public hearing on said application on May 13,. '. .-.-1997; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA): A Negative Declaration was prepared pursuant to the State CEQA Guidelines, and the City of Dublin Environmental Guidelines. The City finds that there are no negative environmental impacts expected from this project which have not been addressed in the previous environmental review conducted with the Eastern Dublin Specific Plan EIR. A Notice of Determination will be filed stating that the project will not have a significant effect on the environment; and WHEREAS, the staff report was submitted recommending the Planning Commission approve the Conditional Use Permit subject to Conditions of Approval prepared by Staff; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: 1 . The proposed project serves the public need by providing an elementary school for t. children living in the Dublin Ranch neighborhood and surrounding communi~: _ ,I P (;7 ~~ lip 1 P:VHfQ;'T' B _^ l!:....;;I ~ . . . 1. 2. The proposed use will be properly related to other land uses and transportation and service facilities in the vicinity. The elementary school will be compatible with adjacent uses, in that the Eastern Dublin Specific Plan designates sites for schools within residential areas, and away from major arterials. The school site in this location will . .. provide benefits of convenience, safety, and neighborhood identity. 3. The proposed use will not materially adversely affect the health or safety of persons residing or working in the vicinity, or be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, as the school site and/or adjacent streets will be designed to accommodate traffic circulation, and all applicable regulations will be met. 4. The proposed use will not be contrary to the specific intent clauses or performance standards established for the District in which it is to be located in that conditions have been applied to ensure conformance with the applicable Specific Plan and environmental impact mitigation requirements, and because the use is consistent with the character of the surrounding area. 5. The proposed use will not materially change the provisions of the approved Planned Development Land Use and Development Plan/District Planned Development Plan. 6. The approval of the Conditional Use Permit will be consistent with the Dublin General Plan, and Eastern Dublin Specific Plan. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission doe~:~::./:; hereby conditionally approve PA 97-004 Dublin Ranch Conditional Use Permit to make minor revisions to the approved PD Rezone adopted for PA 95-030, as generally depicted by "Exhibit A", plans. consisting of 1) a Site Plan for Phase 1 consisting of 2 sheets prepared by MacKay & Somps dated revised February 12, 1997; and 2) a District Planned Development Plan/Land Use and Development Plan for Phase 1 dated revised February 12, 1997; stamped approved and on file with the Dublin Planning Department, subject to the following conditions: CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of buildina permits or establishment of use, and shall be subject to Plannina Department review and approval. The followina codes represent those departments/aaencies responsible for monitorina compliance of the conditions of ap~oval. [PLl Planninq, [81 8uildinq, [POl Police, [PW] Public Works, [ADMl Administration/City Attorne . rFIN] Finance. rFl Douqhertv Reqional Fire Authority, fDSRl Dublin San Ramon Services District. Alameda County rCOl. Alameda County Flood Control & Water Conservation District fZone 7]. City Council Resolution 12-96 approving and establishing findings and general provisions for a Planned Development Rezoning concerning PA 95-030 is revised as Tollows: ..' . ...... 11 2 ~. ..-lL' ,- f) 9 ~<;..~~~ _ :~<~ 1"22._ -:--.' :.::-.<":"- '':"'-0. 7. . 8. "General Provisions" , Section C. "General Provisions and Development Standards", subparagraph 1. "Intent", subparagraph a. shall be amended to add the following phrase at the end of the subparagraph: . "...with revisions as approved by Conditional Use Permit for PA 97-004, as generally depicted by plans consisting of 1) a Site Plan for Phase 1 prepared by MacKay & Somps dated revised February 12, 1997; and 2) a District Planned Development Plan/Land use and Development Plan for Phase 1 dated revised February 12, 1997; stamped approved and on file with the Dublin Planning Department." 2. Except as specifically modified in these conditions, development shall conform to the Conditions of Approval established by: City Council Resolution No. 12-96, approved on January 23, 1996, pertaining to PA 95-030 Dublin Ranch Planned Development Rezoning. [PL] 3. The project developer is reminded of the requirement (as previously specified in approval of the PO Rezone) to mitigate school facilities impacts (see City Council Resolution No. 12-96, Condition #9). [PL, ADM] 4. The school site should provide adequate on-site vehicle storage area for vehicles dropping off and picking up students. If providing adequate on-site vehicle storage area is not possible, the developer shall mitigate impacts to the public street system by widening the roadway or using other means subject to approval of the City Engineer. [PL, PWJ The locations of driveways for the school site shall be subject to approval of the City Engineer. [PWJ . On an annual basis, this Conditional Use Permit approval shall be subject to Zoning Investigator review and determination as to compliance with Conditions of Approval. [PL] 5. This permit shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. Any violation of the tenns or conditions of this permit shall be subject to citation. [PLl The applicant shall comply with all applicable action programs and mitigation measures of the Eastern Dublin General Plan Amendment/Specific Plan and companion Final Environmental Impact Report (FEIR), respectively, that have not been made specific conditions of approval of this Conditional Use Permit. [PL] PASSED, APPROVED AND ADOPTED this 13th day of May, 1997. AYES: NOES: ABSENT: ATTEST: -- ... . , Planning Commission Chairperson . 3 G:\97-004\PCRESO. Community Development Director ~_,.- I~.__ ~O l i.-::_ ..--__ _ _ ': ~<.,- J ,{ .- . _. . A: ~ .... - ~- . . . -- . , ",a._A.. ,--'-'-" . ..,."," . ..-..": VICINITY. MAP N.T.S. ~ ~' ,-f/I# !;2 o c:: >- .... t::: ~ DUBLIN~ 6>...0 5 \.To Cl tf.l ;;. ~ '% ;;::. L. ~ ~\ Jt{ \ 1-580 -J~ r~v r:::l ~ c::. Cl o !2~ >-0 ~p:: g PLEASANTON ~ .0 p:: ~ I:L. o~ p:: 3~ _0 ~ c::. r.u...,....13 r'~ ~ Q l li-':::: __ ~..!;' ~ A! ~ ACHfliENT 1 - , - ~ ~. :::;:<'.~::.' - -". ' ~ :."-'.. . .::.-~.~. .:~ ., DDl lC^T10'. C:L.tn,1jITAI REQL~IDC~,lC:-.TS I L,;. J.,j".-.l j"\' J. j r" o.-J """'.1 10 J. L..- " J.J. '\..~~\.J"'--";'\ J FOR C01'DITI O~AL USE PERMIT . \"rit1en Statement a. The actiyit\' coyered by this CUP is the Minor Modification of the PA 95-030 (Dublin Ranch Phase i) Land Use and Deyelopment Plan to include an appro\.imately 10 acre elementary school site and :; acres of stream corridor open space \\.ithin Dublin Ranch Phase I, c. The facility will be operated normal hours for an elementary school, i.e. generally between 7:30 AM and 3:00 PM, Monday through Friday. It is possible that there \,.ill be a preschool in conjunction \\'ith the elementary school. If so, it would open an hour or so before the elementary school and remain open until 5:00 PM or 6:00 PM. Infomml use of the school's playfield \\'ould take place on weekends and after school and the multi- purpose room \,'ould probably be a\'ailable for use at night during the \reeK.. d. The elementary school \\.ill be one of three such facilities which will serYe the Eastern Dublin Specific Plan area. It will provide a site for primary education for the elementary school age children li\'ing in Dublin Ranch and adjacent properties. The school district \\'ill establish the exact attendance boundaries for the school. ' e. The school will provide primary education for the elementary school age children who will live in Dublin Ranch and adjacent properties. The general benefits of a primary school education are ob\'ious. The benefits of the elementary school being adjacent to the homes of the students it serves are con\'enience, safety and nei2hborhood identi[\', ~ ~ - . f. Morning and afternoon automobile traffic may bother some adjacent residents. Howe\'er, home builders will disclose to all potential buyers that an elementary school is planned for the parcel. Also, the site is large enough to accommodate an adequate sized drop-off and pid\:-up area; one capable of allowing all such acti,.ity to take place off the street.. Undoubtedly the school district will cooperate with the City in the layout of the school so that traffic impacts will be minimized to the greatest extent practicable. Additionally, use of the playfield and play areas could be annoying to some nearby residents. However, at the most, residences will border the school only on one side (the north) thereby minimizing the number of homes potentially impacted. Also, the pads of these lots will be several feet higher than the school site which \".m help to attenuate the adjacency impact The other three sides are bordered by streets and a park.. Design of the school and park will probably be integrated thereby enhancing the potential for the school playfield and play areas to be buffered from adjacent residences. This integrated design would be ajoint effort between the City and school district thereby giYing the former the ability to mitigate these external impacts. g. Operation of the school should have no negative health or safety effects on people residing or working in the yicinitv of the fadIit". h" Ori;inallY the S:h001 sile wa,"Jocated farthe~ east near the future extension of Fallon.":: Jg__~ Road. However, the City and school district staffs felt this adjacency to a major street \\"as improper for an elementary school. Therefore, this CUP is being processed for the ~b A-rrhct_H"~FNT Z ~.t"'"o .nt.-. e..- e ...--~:~.-:: : e '- - '- ~ :.-. purpose of reloGlting the site 10 the interior of Phase I, P!Jcin~ the school in the miJdle of:.i rcsiJcntd neighborhood remo"es the danger posed by the relati'ely hi~h speed arterial but increases the potential for traffic congestion and annoyance to a gre:ller number of home em'ners than if it had remained in its ori2inal location. HO\\T"er. there is no cqui\"a!ence bel\\"een safety and annoyance, therefore:the proposed location is the superior of the t\\'o. Additionally. as described in paragraph "f' abo,.e, site design can minimize traffic impacts of the school. i, The school \\'ould not be located on a hazardous \\'aste site. - ' ".. -.' . - .' . '.. ?-\ ~,' ..,_ l r,; ..co "f). '" ~ ... ~~ \ .. . ..~.- -- .-; - -.::>.-0 RESOLUTION NO. 12 - 96 A RESOLUTION OF THE CIIT COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * . APPROVING AND ESTABLISHING FINDINGS AND GENERAL PROVISIONS FOR A PLANNED DEVELOPMENT (PD) DISTRICT REZONE CONCERNING PA 95-030 DUBLIN RANCH PHASE I 'WHEREAS, Ted Fairfield, representing property owner Jennifer Lin, submitted a Planned Development (PD) District Rezone request (P A 95-030 Dublin Ranch Phase I) for rezoning an approximate 210 acre site to PD Single Family (Low Density) Residential (l09.8 acres; 570 dwelling units); PD Medium Density Residential (35.7 acres; 277 dwelling units); and PD Open Space (57.5 acres). The PD Rezone request also includes a 5 acre neighborhood park and a 2 acre private recreational facility. The project is generally located east of Tassajara Road and approximately 4,000 reet north of the Interstate 580 Freeway, within the Eastern Dublin Specific Plan project area; and \VHEREAS, on October 10, 1994, the City Council approved a Planned Development District Overlay Zone (prezone) for a 1,538 acre site located within the adopted Eastern Dublin Specific Plan project area (p A 94-030); and -. ~. , . \VHEREAS, on November 14, 1994, the Alameda County LAPCo approved the Eastern Dublin Reorganization for PA 94-030; and . "WHEREAS, on January 12, 1995, the Alameda County LA.FCo unanimously disapproved the request to reconsider the Eastern Dublin Reorganization approval (P A 94-03 0); and \VHEREAS, on January 23, 1995, the City, Council ordered the tenitory designated as AllllexationlDetachment No. 10 annexed to the City of Dublin, which includes the 1,538 acre site and annexed to the Dublin San Ramon Services District and detached from the Livermore Area Recreation and Park District (p A 94-030); and \VHEREAS, AnnexationlDetaclunent No. 10 became effective on October 1, 1995; and \VHEREAS, the Dublin Ranch Phase I project site is located within the 1,538 acre site that has been prezoned and annexed, and the Applicant's request complies 'with the existing Planned Development District Prezone provisions; and \VHEREAS, the Applicant's PD Rezone request amends the initial PD Prezone and includes a District Planned Development Plan as required under Section 11.2.7 of the Eastern Dublin Specific Plan, and a Land Use and Development Plan as required under the City's Zoning Ordinance, Title 8, Chapter 2, Section 8-31.16; and WHEREAS, the Planning Commission held public hearings to consider this request o~, ~~4;UY rc ~ January 16, 1996; and ! ; .;:.- ...1.\0_. ,', .~_. ')..'1- .', ~ ~ .... ~ q,". t-:" t"P' .::.3.. f ~ i-':.l.l n I\'ho...l" E 3 1 . . . ~ .;- . . .,.," r 'VHEREAS, proper notice of these Planning Commission public hearings was given in all respects as required by law; and \VHEREAS, the Planning Conunission recommended City Council approval of the PD Rezone subjec:~_; to conditions prepared by Staff; and V~;HEREAS, the City Council held a public hearing to consider this request on January 23, 1996; and \VHEREAS, proper notice of this request was given in all respects as required by law for the City Council hearing; and \VHEREAS, an initial study was prepared for the project dated November 17, 1995 and found that the project is exempt according to section 15182 of the State CEQA Guidelines. The project is a residential project undertaken pursuant to and in conformance with the adopted Eastern Dublin Specific Plan and none of the events described in section 15162 of the State CEQA Guidelines have occurred since the adoption of the Specific Plan or certification of its EJR. No new effects could occur and no new mitigation measures would be required for the Dublin Ranch Phase I PD Rezone project that were not addressed in the Final Environmental Impact Report for the Eastern Dublin project, and the PD Rezone is within the scope of the Final Environmental Impact Report; and \VHEREAS, a Staff Report was submitted recommending City Council approval of the Planned Development District Rezone subject to conditions; and "'HEREAS, the City Council heard and considered all said reports, recommendations, written and oral_.,":,,:. testimony submitted at the public hearing as herein above set forth. ..... . NO'"', THEREFORE, BE IT RESOLVED that the City Council does hereby find: 1. The proposed PD Rezone, as conditioned, is consistent with the general provisions and purpose ofthe PD District Overly Zone (pD Prezone), the City General Plan and the Eastern Dublin Specific Plan provisions and design guidelines; and 2. The rezoning, as conditioned, is appropriate for the subject property in terms of being compatible with existing land uses in the area, and will not overburden public services; and 3. The rezoning will not have substantial adverse effects on health or safety, or be substantially detrimental to the public welfare, or be injurious to property or public improvements. BE IT FURTHER RESOLVED that the City Council hereby approves P A 95-030 Dublin Ranch Phase I subject to the general provisions listed below: ).'!; .:.-;. [-'t.'?: II c? -~q 2 -, .~ .... G~!\TERAL PROVISIONS .!:.~ Purpose This approval is for a Planned Development (PD) District Rezoning for PA 95-030 Dublin RanCh.t 1. This PD District Rezone that includes a Land Use and Development Plan and District Planned Development Plan is consistent with the initial Planned Development (PD) District Prezone and amends the initial Prezone with more detailed land use and development plan provisions. The PD District Rezone allows the flexibility needed to encourage innovative development while ensuring that the goals, policies and action programs of the General Plan and Eastern Dublin Specific Plan are met. More particularly, the PD District Rezone is intended to ensure the following policies: 1. Concentrate development on less environmentally and visually sensitive or constrained portions of the plan area and preserve significant open space areas and natural and topographic landscape features with minimum alteration of land forms. 2. Encourage innovative approaches to site planning, building design and construction to create a range of housing types and prices, and to provide housing for all segments of the community. 3. Create an attractive, efficient and safe environment. 4. Develop an environment that encourages social interaction and the use of common o~ areas for neighborhood or community activities and other amenities. . ':-' 5. Create an environment that decreases dependence on the private automobile. B. Dublin Zoning Ordinance - ADplicable Requirements ~xcept as specifically modified by the provisions of the PD District Rezone, all applicable and general requirements of the Dublin Zoning Ordinance shall be applied to this PD District. c. General Provisions and Development Standards 1. Intent: This approval is for the Planned Development (PD) District Rezone P A 95-030 Dublin Ranch Phase 1. This approval rezones 109.8 acres to PD Single Family Residential (570 dwelling units; 5.2 dulac); 35.7 acres to PD Medium Density Residential (277 dwelling units; 7.8 dulac), for a total maximum of 847 dwelling units; and 57.5 acres to PD Open space. The number of dwelling units and mix of dwelling unit types (i.e. ratio of Single Family Residential to Medium Density Residential) can vary under each residential land use category while staying within the approved density ranges. However, the total number of units shall not exceed the maximum number of dwelling units, which is 847. This approval also rezones 5 acres for PD neighborhood park and 2 acres for a private recreational facility. Development shall be generally consistent with the following PD Rezone submittals labeled Exhibit A on file with the Dublin. Planning Department: ~~ f' r~I JEL C': _0~ ... . . . ,..5 ~ ". ' ,...,.... ...... a, District Planned Development Plan, Land Use and Development Plan, comprising the Phase I Site Plan, lO-Scale Plotting Maps, and Boundary and Phasing Plan, prepared by MacKay and Somps, \Villiam Hezmalhalch Architects, Inc. and J\1UVIS dated received,,~.. August 10,1995 and November 15,1995. ',::" b. Dublin Ranch Phase I Architecture and Landscape and Open Space Design Guidelines prepared by MacKay and Somps, William Hezmalhalch Architects, Inc. and NUVIS dated received August 10, 1995 and November 15, 1995. 2. Single Family Residential: Development standards within the Single Family land use designation shall conform to the City of Dublin R-I District provisions and the PD District Overlay Zone for P A 94-030 Eastern Dublin (City Council Resolution No, 104-94). As the R-I District base zone, all the R-I District provisions shall apply, except those superseded by the following provisions. Only detached single family units are allowed in this District. Lot Size: 4,000 sq. ft. minimum Median Lot Width: 50 feet Minimum Lot Frontage: 35 feet Minimum Lot Depth: 80 feet Front yard Depth (setback from back of sidewalk): '. " .-: + 0', ':-'." Minimum 12 feet to porch or living area. Minimum 17 feet to garage, except for side opening garages (minimum 15 feet to side opening garages). Driveways less than 20 feet in length require automatic garage door openers and uroll up" doors Side Yard (setback): Minimum 5 feet to living area - Minimum 10 feet at corner conditions Garages located at the rear half of a lot have no minimum side yard. Building restrictions for zero lot line structures shall be applied as conditions of Site DevelopIpent Review approval. Rear Yard (setback): 5 feet minimum._~~pea useable yard equal to.J.Q!O of the lot size with a minimum dimension of 10 feet in' any direction. Garages located in the rear half of a lot have a 3 foot minimum rear setback. Minimum Building Separation: - . .. :.:.". . 10 feet (exC'!1Jding allowable encroachments). 4 .- ,.__ \q r_:Jq : )~:,,--:"::...- :~::- ~.. , , , , . "- - - ----, -:) , , Maximum Building Height: 30 feet or 2 stories at anyone point. 3, Medium Density Residential: Development standards for attached and detached units. the Medium Density land use designation shall conform to the City of Dublin R-S District provisions and the PD District Overlay Zone for P A 94-030 Eastern Dublin (City Council Resolution NO.1 04-94). As the R-S District base zone, all the R-S District provisions shall apply, except those superseded by the following: Attached Standards: Front Yard Depth: Minimum] 0 feet to porch or living area. Minimum 5 feet to garage, Side Yard (setback): Minimum 5 feet including encroachments (UBC standards). Rear Yard (setback): :Minimum 10 feet to living area. Yard Space: Provide a useable yard of 150 square feet with a minimum dimension of 10 feet in any direction. Upper floor units shall have a deck of at least 50 square feet 'with a minimum dimension of5 feet. . Minimum Building Separation: 10 feet including encroachments (UBe building standards). Maximum Building Height: 30 feet, or 2.5 stories at anyone point. Detached Standards: Minimum Lot Size: 2,000 square feet Median Lot Width: 30 feet at building setback; 35 feet at corner conditions Average Lot Depth: Not Applicable Front Yard Depth (setback from back of sidewalk): Minimum 10 feet to porch or living area, Minimum 5 feet to garage without driveway, or greater than 17.. feet to garage with driveway, except for side opening garages, #-.' Driveways _~ss than 20 feet in length require automatic garage door openers and <'roll up" doors. 5 .",;,.~.=~Q xG~ . . . ,:~ . ..' - j Side Yard (setback): 3 feet minimum- 6 feet at comer conditions. Garages have 0 foot side yards, Rear Yard (setback): 5 feet minimum. Provide a minimum useable yard of 150 sq. ft. with a minimum dimension of 10 feet in any direction. Garages may have 0 feet rear yards. Minimum Building Separation: 6 feet Garages may be attached. Reciprocal easements may be used to satisfy yard requirements. Maximum Building Height: 30 feet, or 2.5 stories at anyone point. Additional Standards: Garages: Parking requirements may be met v.~th tandem garages. Adjacent Uses: Interior side yard setbacks adjacent to common open space, parks, greenbelts and stream corridors shall be a minimum of 10 feet. Encroachment: The following encroachments shall be allowed to project up to 2 feet into yard setbacks: eaves, architectural projections, fireplaces, (including log -, storage and entertainment niche), balconies, bay windows, window seats, :,:;'::,~: ex.1erior stairs, second floor overhangs, decks, porches and air conditioning .. equipment. All non-fire rated encroachments must be at least 3 feet from property lines. Front Yard Landscaping: The applicant/developer shall install front yard landscaping within all the medium density neighborhoods, 4. Curvilinear Streets: Site design ofthe individual neighborhoods may vary from that shown in Dublin REnch Phase I Rezone (PA 95-030) if the number of units in a neighborhood is adjusted or attached units are substituted for detached (in medium density neighborhoods only). However, the concept of curvilinear streets and cul-de-sacs cannot be altered. 5. Architectural Design: Eight distinct architectural styles are described in the Dublin Ranch Phase I Architecture and Landscape and Open Space Design Guidelines and architectural elevations. Any or all of these styles can be utilized in an individual neighborhood. Additional styles can be permitted at Site Development Review if it is determined they would not change the overall character of the Dublin Ranch Phase I plan. BE IT FURTHER RESOLVED TH.A..T THE Dublin City Council approves ofPA 95-030 Dublin Ranch Phase I PD Rezone subject to the following conditions: *".. ~. \.>- ~'.',~= C6_L (,:- .1S ~1 6 ,'.-, - . : . ~--- - ., +. . : ._~;.' ,(3) .it --.,,- ',:'\ ,-,'I CO:!\'TIITIONS OF .A..PPROV J\L: . Unless stated otherwise. all Conditions of Approval shall be complied with prior to final occupancv of any buildin and shall be sub'ect to Plannin De artment review and a roval. The followimr cod reoresent those departments/agencies responsible for monitoring compliance of the conditions of aporoval: rPL] Planning. fBl Building, [1>1 Parks and Community Services. [PO) Police. fPWl Public \Vorks. [ADMl Administration/Citv Attornev. rFINl Finance. rFl Doughertv Regional Fire Authoritv. rnSRl Dublin San Ramon Services District rCOl Alameda County Flood Control and \Vater Conservation District rZone 71 GENERAL 1. The Land Use and Development Plan, District Planned Development Plan and i\rchitecture and Landscape and Open space Design Guidelines for Dublin Ranch Phase I (P A 95-030) are conceptual in nature. No formal amendment ofthis PD Rezone will be required as long as the materials submitted for the Tentative Map and Site Development Review are in substantial conformance with this PD Rezone and the Eastern Dublin Specific Plan. The Planning Director shall determine conformance or non-conformance and appropriate processing procedures for modifying this PD Rezone (i, e. staff approval, Planning Commission approval of Conditional Use Permit, or City Council approval of new PD Rezone). Major modifications, or revisions not found to be in substantial conformance with this PD Rezone shall require a new PD Rezone. A subsequent PD rezone may address all or a portion of the area covered by this PD Rezone. [PL] 2. Prior to obtaining building permits, the applicant must receive Site Development Review (SD. approval as established in the City of Dublin Zoning Ordinance, unless the Planning Director approved a SDR waiver and a zoning approval is granted upon the determination that the construction constitutes a minor project and building permit plans are in accord with the intent and objectives of the SDR procedures. [PL] '" -'. Except as may be specifically provided for within these General Pro\~sions for P A 95-030, development shall comply with the City of Dublin Site Development Re\~ew Standard Conditions (see Attachment A-I). [PLJ 4. Except as may be specifically provided for within this PD, development shall comply with the City of Dublin Residential Security Requirements (Attachment A-2). [PO] 5. The design, location and material of all fencing and retaining walls shall be subject Site Development Review approval unless the Planning Director waives the SDR requirement. [PL] The applicant shall comply with all applicable grading guidelines as indicated on page] 03 of the Eastern Dublin Specific Plan. (PW, PL] 7. The Declaration of Covenants, Conditions and Restrictions (CC&Rs) of one or more Dublin . Ranch Phase I homeowners associations shall be submitted with the Tentative Map and/or Sit Development Review application, and shall be subject to review and approval of the Planning Director and City Attorney prior to record~!.ion of the Final Subdivision Map, or prior to Site Development Review approvaL [PL, ADM] 7 !" " -:-;t:) "-,:- a1 . ; ....;,.. ~_k.L~ '~. ____ . . . ,', DEVELOPMENT AGREEMENT 8, The Dublin Ranch Phase I project proponent and the City of Dublin shall enter into a development agreement prior to Tentative Map approval, which shall contain, but not be limite .... . to, provisions for financing and timing of on and off-site infrastructure, payment of traffic, noise . and public facilities impact fees, affordable housing, and other provisions deemed necessary by the City to find the project consistent with the Eastern Dublin Specific Plan. At some future date, the applicant shall be responsible for paying all fees required by the Development Agreement. [PL] SCHOOL FACILITIES IMPACT MITIGATION 9. No tentative subdivision map for all or any part of the area covered by this Land Use and Development Plan shall be approved by the City Council until the applicant has entered into a written mitigation agreement "'~th the affected school district(s) and the City. The mitigation agreement shall establish the method and manner of financing and/or constructing school facilities necessary to serve the student population generated by the development. The mitigation agreement shall address the level of mitigation necessary, the amount of any school impact fees, the time of payment of any such fees and similar matters. The City shall be a party to any such agreement only for the purpose of assuring unifonnity with respect to different property owners and appropriate land use planning. [PL, ADM] NOISE 10. A noise study shall be required for the Tentative Map application submittal to show how interior:',':;,:~';: noise levels will be controlled to acceptable limits. [PL, B] ", SCEWCCORromORPOUCffiS 11. The applicant shall comply with the City's proposed Eastern Dublin Scenic Conidor Policies and Development Standards. If the Eastern Dublin Scenic Corridor Policies and Development Standards have not been adopted prior to approving the Tentative Map for the project, the applicant shall demonstrate compliance with the Eastern Dublin Specific Plan's scenic corridor, development standards and grading policies and action programs through a detailed visual analysis submitted with the Tentative Map application, [PL] L.A...'NDSCAPElOPEN SP ACE/TRAILS 12. As part ofthe Tentative Map approval, the applicant shall be conditioned to offer to dedicate the intermittent stream/open space and trail corridors. If the City accepts this dedication of improvements, no credit for these areas and improvements shall be given towards parkland dedication requirements. [P, PL, PW] 13, iJI graded cut and fill slope areas shall be revegetated as described in Policy 6-22 of the Eastern Dublin Specific Plan, subject to Site Development R~view approval. [PL, PW] , - . .~ . 14. All landscape within the open space and C_~TDI11on areas, including the neighborhood park and the intermittent stream and open space C;rridOr shall be subject to Site ~::~~3"~~tL~crew ~q "~ ,,',:',\ '.. ". 15, approval. The proposed landscape plans to be submitted with the Site Development Re\ljew application shall take into consideration Dublin Ranch Phase I PD Rezone comments prepared by Singer, Hodges, Evans, dated received October 10, 1995. [PL] Appropriate all weather surface (e.g. crushed gravel or rock) vehicular access to open spac. various trail systems and some residential areas, as shown on Exhibit A, shall be provided and maintained on a continuous basis, to the satisfaction of the Fire Chief, Public Works Director and Planning Director. [F, PW, P] 16. A minimum 25 foot setback from the intermittent stream/open space corridors shall be encouraged wherever possible. Setbacks for this purpose shall be measured from the edge of drainage corridors as shown on Figures 4.1, 6,2 and 7.33 ofthe Specific Plan. [PL] BulLDING 17. All project construction shall conform to all building codes and ordinances in effect at the time of building permit. [B] 18. The following information shall be submitted with the Tentative Map application: 1) Dublin Ranch Phase I Geotechnical Report dated June 19, 1995; 2) solar panel guidelines; 3) clarification of new Zone 2 or Zone 3 water reservoir location and need; 4) City of Pleasant on's water reservoir details (i.e., fences, retaining walls, roadway for access). [B] . w.. " , >~.:.".~ ::. ..... P:\RKS AND RECREATION . 19. The applicant shall comply with the City's Dublin Municipal Code, Chapter 9.28 Dedication of Land for Park and Recreation Purposes and the Dublin Parks and Recreation Master Plan park dedication and design requirements by either dedicating 12 acres of park land, or paying park dedication in-lieu fees, or providing a combination of both park land dedication and in-lieu fees based on the maximum number of units proposed, prior to Final Subdivision Map approval. The City may consider the applicant's request to improve the public neighborhood park and receive credit for those improvements to the public park. The City shall be responsible for designing and inspecting the public park. [P, PW, PL] 19.A... At the time of Tentative Map approval, the City may consider the applicant's request for credit for the two (2) acre private recreation facility in accordance with the Dublin Municipal Code, Chapter 9.28 Dedication of Lands for Park and Recreation Purposes. Should the City deny the applicant's request, the applicant may delete the private recreation facility from the Land Use and Development Plan (LOOP), and through the Planning Director's review and approval of the modified LOOP and Tentative Map, develop the site in conformance with the Single Family Residential land use designation and zoning, The maximum number of units that could be allowed for this 2- acre site is 12 dwelling units. In this case, a maximum of 859 dwelling units could be allowed for the Dublin Rlmch Phase I Rezone project. [P, PW, PL] . BIOLOGICAL RESOURCES .....-. 20. The applicant shall comply with the City' & ?roposed Stream Corridor Restoration Program and the Grazing Management Plan. The project's intermittent stream enhancement and r..~toration , .....,-:-Cll \ r- f (] 9 ; , ,.:_lX..:l. '-'.' ~I '7Jp . . . .:--;-... '..- , " improvements shall comply v.ith the Plan requirements and shall be submitted with the Tentative Map application for the Dublin Ranch Phase I project. If a Stream Conidor Restoration Program and the Grazing Management Plan have not been adopted prior to approving the Tentative Map for the project, the applicant shall provide project specific stream corridor . , " restoration and grazing management requirements and shall submit this plan during the Tentative Map project review. [PL, Zone 7, P\\TJ 21. The applicant shall comply with all Eastern Dublin Specific Plan EIR mitigation measures for mitigating potentially significant plant and animal species impacts (e,g. Applicant shall submit a preconstfUction survey prepared within 60 days prior to any habitat modification to verify the presence of sensitive species. A biologist shall prepare the survey and shall be subject to the Planning Department review and approval). Any updated surveys and/or studies that may be completed by a biologist prior to Tentative Map application submittal shall be submitted with the Tentative Map application. [PLJ PAI.RKING 22. The availability of adequate on-street parking within the Medium Density Residential area shall be re-assessed prior to Tentative Map approval to determine its adequacy. [PL, P\\7] TRAFFIC/PUBLIC WORKS 23. The Applicant shall meet all City of Dublin minimum roadway standards for public streets prior to Tentative Map approval. All minor modifications to the City's roadway standards shall be subject to the review and approval of the Public Works Director. [P\\7] ,.".'-' 24. Applicant shall pay a traffic impact fee or construct required improvements based on the adopted Eastern Dublin Traffic Impact Fee (per Resolution No. 1-95) and the proposed 1-580 Interchange Traffic Impact Fee (fee that will be agreed upon by the City of Dublin and City of Pleasanton for interchange improvements), as such fees may hereafter be modified or amended.. These fees shall be paid prior to :final inspection of each unit, unless and until, the City Council amends Resolution 1-95 to make the fee payable prior to issuance of building permits, [pW, BJ 25. The applicant shall submit an update of the traffic study prepared by TJICM dated December, 1995 with the Tentative Map application and the study shall be subject to review and approval by the Public Works Director. Appropriate traffic mitigation measures will be identified and included as conditions of Tentative Map approval. Such traffic mitigation may include, but not be limited to: [PW] a. Traffic signalization b. Roadway shoulder construction c. Frontage improvements d. pavement widening e. Overlays of existing pavement f. Dedications of right-of-way g, Restriping ., ,f _._-f)5~- ~9 . :'::~~C ..._ _ _~ L1:" ill. 10 31. ...? -'-. .::'~~ 25, V\-There decorative paving is installed in public streets, pre-fonned traffic signal loops shall be llsed u:1oer the decorative paving, \Vhere possible, irrigation laterals shall not be placed under the decorative paving. Maintenance costs oflhe decorative paving shall be included in a landscape and lighting maintenance assessment district or other funding mechanism accept. to the City Manager. Decorative paving plans shall be submitted with the Tentative Map application submittal and shall be subject 10 the review and approval of the Public 'Works Director. [pW, ADM] 27, Street lights on arterial streets shall be the City Standard cobra head luminaries with galvanized poles. Where decorative lights are to be used on residential streets, these lights shall be designed so as to not shine into adjacent windows, shall be easily accessible for purchase over a long period of time (e.g. 30 or more years), and shall be designed so that the efficiency of the lights do not require close spacing to meet illumination requirements. A street lighting plan demonstrating compliance with this condition shall be submitted with the Tentative Map application and shall be subject to the Public Works Director's review and approval. [P\\1 28. Street name signs shall display the name of the street together with a City Standard shamrock logo. Posts shall be galvanized steel pipe. A street sign plan shall be submitted with the Tentative Map application and shall be subject to the Public 'VtTorks Director's review and approval. [PW] 29. The applicant shall construct a minimum 10 foot wide bicycle/pedestrian path between the looped residential collector street and Fallon Road, as shown on Exhibit A [P\\T, PL] . FIRE 30. Applicant shall comply with all DRF A fire standards, including minimum standards for emergency access roads and payment of applicable fees, including a Fire Capital Impact Fee. [F] A fire buffer zone between the development area and open space area shall be provided and maintained by a home owners association on a continuous basis to the satisfaction of the Dougherty Regional Fire Authority. [F] The applicant shall comply with the City's proposed 'Wildfire Management Plan. The Plan requirements shall be incorporated into the CC&Rs for the Dublin Ranch Phase I project. If a Wildfire Management Plan has not been adopted prior to approving the CC&Rs for the project, the applicant shall provide a project specific wildfire management plan and shall submit this plan during the Tentative Map project review. [F, PL, P'W] UTILITY SERVICESIPOSTAL SERViCES 33. The location and siting of project specific wastewater, storm drainage and potable water system infrastructure shall be consistent with the resource management policies ofthe Eastern Dublin Specific Plan, [PL, P\\T, DSR] . 34: ,~ All on- and off-site potable and recycled water and wastewater facilities shall be constructed in conformance with DSRSD Major Infrastr~!:;ture Policy (Res. 29-94). The applicant shall submit plans for the potable and recycled water and sewer system to service this development >-..' ."',"" C) ( 1'\ t,.,. B1iSJ ... 11 1<:._Q\~ '.';' 1/\ , . . . ~ ..-..... . ., - . : ~ . acceptable to DSRSD, pay fees required by DSRSD and receive DSRSD's approval prior to issuance of any building permit. Developer-dedicated facilities shall be in conformance with the DSRSD Standard Specifications and Drawings,[B, PW, DSR] -...... 35, The applicant shall provide a "will" serve letter from DSRSD prior to issuance .ofthe grading pennit for the grading that creates individual building sites, which states that the Dublin Ranch Phase I project can be served by DSRSD for water and sewer prior to occupancy. [B, PW] 36, A recycled water distribution system for the landscaping within Dublin Ranch Phase I area shall be provided per the City of Dublin, Zone 7, and DSRSD requirements. The landscaping areas must meet City of Dublin \Vater Efficient Landscape Ordinance requirements. [pW, Zone 7, DSR] 37. Applicant shall provide Public Utility Easements per requirements of the City of Dublin and/or public utility companies as necessary to serve this area with utility services. [PW] 38. The applicant shall confer with local postal authorities to determine the required type of mail units and provide a letter from the Postal Service stating their satisfaction at the time the Tentative Map and Site Development Review submittal is made. Specific locations for such units shall be to the satisfaction of the Postal Service and the Dublin Planning Department. [PL] 39. Prior to issuance of building permits, the applicant shall provide "will serve" letters from appropriate agencies documenting that adequate electric, gas, telephone and landfill capacity is available prior to occupancy. [PL] 40. The applicant shall work with DSRSD to help fund a recycled water distribution system computer model that reflects the adopted Eastern Dublin Specific Plan and General Plan Amendment. [D SR] 41. The applicant shall comply with all PJarneda County Flood Control and V\Tater Conservation District - Zone 7 Flood Control requirements and applicable fees. [Zone 7, PW] MlSCELLANEOUS EASTERN DUBLIN SPECIFIC PLAN/GEJ'\"ERAL PLAN AMENDMEJ\1T FINJ\L EIR :MITIGATION MEASURES 42. Applicant shall work with LA VTA to establish the need, bus route(s), bus turnouts, bus stop sign locations, bus shelter locations, and other transit amenities for this project prior to Site Development Review approval. [P'W] 43. Applicant shall design bus turnouts, transit shelters and pedestrian paths (sidewalks) consistent with the proposed LA vr A routes and stops and the City of Dublin 's requirements and standards prior to issuance of building permits for the residential units. Conceptual design plans shall be submitted with the Tentative Map application submittal and subject to the Public Works Director review and approval. Construction shall be undenal:en as part of the street improvement work. [PV\1 .. 44. The applicant shall comply with the City's =:rosion and sedimentation control ordinance. [pV\7] ......-,R} .'.- ~q ! ."-' .... ~J ~I - ~;:..... -- - - ~'? ':,:'0 ~5. The applicant shall comply v/ith all \,isual resource mitigation measures of the FErn. relative 10 grading, scenic corridors, scenic vista preservation, and similar visual resources, [PL, FW] . 45, The applicant shall comply with the City's solid waste management and recycling requireme [ADM] , 47. All new reservoir construction shall comply with DSRSD's requirements, [DSR, PW] 48, The applicant shall comply with all applicable action programs and mitigation measures of the Eastern Dublin General Plan Amendment/Specific Plan and companion Final Environmental Impact Report (FEIR..), respectively, that have not been made specific conditions of approval of this PD Rezone. [PL] PASSED, APPROVED AND ADOPTED this 23rd day ofJanuaI)', 1996, AYES: Cound/members Barnes, Burton, Howard, Moffatt and A1ayor Houston NOES: None ABSENT: None ABSTAIN: None CL / Jl /"11 I /\,'l ()' ..xJ ,,/f0'%1::: . Mayor . , -' . , ~ .-. A~ .~ ity tl~ K=;G/1-23- 96/reso-lin.doc . . ,'_'r -.." ';~ ,- ~_':: rK r;:- ~9 ' .. ele) , ~...~ . ~ . ~.- ...-....------ -. .........'-.... ..., nflY- c-l;H r J'i:l tl; j.c. L VJU.:>lJ J"nv. JJl.llJ I. J JU' II......' 'lJ.l.VV\,.lv...,""....."'" .:- Livermore Valley Joint Unified School District wv.w.tv;usd.k12,CGl.us 685 East Jack London Boulevard. Livermore, CA 94550 Tel 510.606.3200 Fax 510.606.3328 April 30, 1997 Tasha Huslon Associate Planner City of Dublin 100 Ci vie Plaza Dublin, CA. 94568 Re: FA 97..004 Dublin Ranch Phase I - Conditional Use Permit Dear Ms. Huston: .:.. . -. -: : ,.- Thank you for allowing the Livelmore Valley JL Unified School District Lhe OPP011unity to commenl on the proposed Conditional Use Permit (CUP) to allow a minor modificntiol1l.O the approved Pmnned Development (PD) Re7.one and Land Use & Development Plan for the Dublin Ranch Phase I PD located on the east side of Tassajara Rd., 4,000 feet north of I..580 on approximately 847 acres. The proposed modification will revise the project boundary to include a 10 acre elementary school site and 2 acre open ~1'ace buffer. The proposed elementary school sire will be located adjacent to residential housing units on the north, east. and south and a neighborhood park on the west. The school sitD will have aCt,..'ess to two neighborhood streets, away from busy multiple lane intersections, making it possible for better and safer pick-up and drop-off locations. The ~roximity to the neighborhood park will also create more opportunities for joint use a...-tivl1ies with the city. Additionally, the district is concemcd about safe student Lravel10 and from school from areas further away from the school site that will have to eross busy intersections. The di.strict prefers routes lhat distance pedestrian and bike travel from vehicular Lravello the greateSt extent possible. This project is required to fully mitigate school facilities impacL We look forward to working with the developer and city to dic:;cuss meeting facility needs. Sincerely. 7?rpd &It!1 /or Kim McNeely Facilities Planner . KMlma '"':.,..~,.~ ~ . . . I. ~ \ I "-.:...,~.._ __ .-: ._~- .;-: '7~ ATTACHMENT ,~. :-egular meeting ofIhe City of Dublin Planning Commission was held on Tuesday, May] 3, ] 997. in ihe Dublin Ci"ic Center City Council Chambers. The meeting was called to order at 7:00 p.m, by Chairperson Jennings. **** * **.** ROLL CALL Present: Commissioners Jennings, Johnson, Fasulkey, Hughes, and Oravetz; Dennis Carrington, Senior Planner: Tasha Huston. Associate Planner and Gaylene Burkett, Recording Secretary, **** * **.** PLEDGE OF ALLEGIANCE TO THE FLAG Cm. Jennings led the Commission, Staff, and those present in the pledge of allegiance to the flag. **** * ***** ADDITIONS OR REVISIONS TO THE AGENDA The minutes of the April 22, 1997, meeting were approved as submitted with one minor correction. **** * ***** .. ' . ." . ORAL COMM1JNICA TIONS :None **** * ***** \VRITTEN COMMUNIC.A TIONS Mr. Carrington handed out changes to be discussed under items 8.2 for P A 97-004, Dublin Ranch Conditional Use Permit, **** * **** PUBLJC HEARING 8,1 P A 97-0 1 3 Amendment to Planned Development District Regulations of the Zoning Ordinance to allow the adoption of Stage 1 and Stage 2. Development Plans. Stage 1 Development Plans are generalized plans adopted for the entire development area and Stage 2 Development Plans are detailed plans adopted for ponions of the development area, em, Jennings opened the public hearing and asked for the staff report, "0"." Dennis Carrington gave a brief description ofthe project, He stated tonight was the first phase of the Zoning Ordinance amendment. This was the draft Planned Development Ordinance, He also said there '!>~ R~gular M~eting [5~13 pemi] May 13, 1997 50 . . . . were two other changes to the Planned Development section of the Zoning Ordinance which would include: I) the requirement that the minimum area of a Planned Development be 4 acres; and 2) that the Community Development Director may approve minor amendments to a Development Plan. em, Fasulkey asked who makes the decision ofthe four acres. He stated that there was the ability to make an exception, but who made that the decision, Mr. Carrington stated he would seek guidance. It would probably be delegated to the Community Development Director. He asked how the Commission felt on the issue. Cm. Hughes stated it made sense to have the decision done in house. He suggested that the information be included in the Ordinance. Mr. Carrington agreed and stated he would place the wording in the Ordinance that the Community Development Director could make that determination. Cm. Fasulkey asked about page 3 of the staff report; "the structures within the 300 feet ofthe district boundary." Was that 300 feet inside, outside or 300 feet on either side of the boundaries. Mr, Carrington stated it was 300 feet from the outside. He noted that was an inconsistency in the language and changed the language of the Ordinance to state "beyond the district boundary". . Cm. Hughes asked what if there was a disagreement with the applicant and the decision made by the Planning Department, what was the nonnal appeal process. .. ~. ..' . '..;- "oW._ ; Mr. Carrington stated with an Ordinance, they could appeal within 30 days to the City Council with a decision by the Department of Community Development. They could appeal to the Planning Commission and appeal the Planning Commission decision to the City Council. He stated that normally with a Resolution approving a discretionary permit, it would be a ] O-day appeal period. Cm. Hughes stated that on page 6 of the staffreport it states that the Director of Community Development may approve minor amendments; would it make sense to attach the same language to the last section under "amendments." He was asking if Sec. 8-31.6 "Minimum Area" and Sec. 8-3].8 ".tunendments," could be combined. Mr. Carrington stated the amendment section should be separate. The current Ordinance states the Planning Commission should make decisions. The proposed change was that the Community Development Director could approve minor amendments. He stated that the language could read "the Community Development Director in addition to the Planning Commission." Cm, Fasulkey stated that the language change should be inserted throughout the document to applicable sections. . Cm. Hughes recommended to insert the words "in addition to the Planning Commission" to section 8- 31.8. Cm. Fasulkey recommended the words "in addition to the Planning Commission" be added to section 8- 31.4 also. ..-., May 13. 1997 Regular Meeting [5.13 pcmi] 51 Bob Harris, representative of Jennifer Lin property, stated he reviewed the draft Ordinance and had some . concerns with the first draft; however, Dennis had addressed those issues and no longer had any concerns. He stated this revision would not impact the remainder of Dublin Ranch project; however, it would effect future properties that Jennifer Lin owns. Mr, Carrington read a statement for the record, that this Ordinance does not apply to areas ABC & D of Dublin Ranch. Cm, Johnson asked if there were any other projects this Ordinance would not apply to. Mr. Carrington stated Dublin Ranch was the only one, Cm. Jennings closed the public hearing. On motion by Cm, Hughes, seconded by Cm, Fasulkey and with a vote of 5-0, the Planning Commission unanimously adopted, as amended, RESOLUTION NO. 97 -10 RECO.MMEl\'DING ADOPTION OF PA 97-013 ZOl\'ING ORDlNANCE AMEl\TDMENT REL.<\.TING TO THE PD (pLANNED DEVELOPMENT) DISTRlCT . 8.1 PA 97-004 Dublin Ranch Conditional Use Permit request for Conditional Use Permit approval allowing modifications to the Planned Development Rezone for Phase I of Dublin Ranch Planned Development Rezone. em. Jennings opened the public hearing and asked for the staff report. Tasha Huston gave a description of the project. She stated that this was a request for a Minor Modification to the approved Land Use and Development Plan for Phase I of the Dublin Ranch Development. She stated that Dublin Ranch was located in the Eastern Dublin Specific Plan area, East ofTassajara Road, on the land which was annexed to the City in 1985. Phase I of the Dublin Ranch project was approved for development of approximately 850 homes, 58 acres of open space, and a 5 acre neighborhood park. She stated that for this current project, they were concerned with the location of the school site. After the previous adoption of the Planned Development for Phase I, more refined land development plans have been created, and staff from the Dublin and Livermore School Districts have met to discuss the location and number of schools needed for the early phases of development in Eastern Dublin. Both School Districts recommended that the school near Fallon Road should be relocated, further away from the major roadway and closer to the residential neighborhood in Phase 1. Approving the relocation can be done with a Conditional Use Permit, considered a "Minor Modification" to the approved Planned Development. Staff support<; this Minor Modification to the approved Planned Development subject to the conditions specified. em, Hughes asked the expectation of traffic on Fallon Road in the future, . ~ R:gular Meeting [5~] 3 pcmi] ~') =>- May 13, 1997 . . . ,'1 Ms, Huston stated that it was less than previously estimated for this portion of Fallon Road, and less than Tassajara Road. She stated that both school districts and the City were in favor of moving the school to a location surrounded by less busy streets, Cm. Hughes asked if there were homes anticipated on the east side of Fallon Road. Ms. Huston stated yes. She stated that the traffic on the future Fallon extension would partially be generated by the homes in Phase 1. She showed an exhibit of where the school sites would be located. Cm. Hughes asked what type of schools would be located out in Eastern Dublin. Ms. Huston responded that there would be two elementary schools and one high school. Cm. Hughes stated that a lot of the kids living on the east side of Fallon Road would need to cross Fallon to f!et to the school. He asked ifboth school districts were in agreement on movinf! the school off Fallon. ~ ~ ~ Ms, Huston responded yes. Cm. Hughes asked if a traffic study had been done. Ms, Huston responded yes. Cm, Hughes stated that the proposed site looks smaller than the original site. - ~.:.". Ms, Huston responded that they were both 10 acres in size. Cm. Hughes asked what the Fire Department and Police Department thought about relocating the school site. Ms. Huston stated the police had some concerns of loc<.tting a school ne)...1 to a neighborhood park, but recognized that schools next to parks were standard practice. Their concerns were looked at, and overall concerns will be taken into consideration when they design the park site, Cm. Hughes stated the streets would take the brunt of traffic, however the development on the east side would not have that burden. Ms. Huston stated the major concerns of the school district were vehicle stacking; dropping off and picking up children causes substantial impact on the neighborhoods and this location allowed for bener circulation. Cm. Oravetz. asked if Fall on Road would become as busy as San Ramon Road or Dublin Blvd, Ms, Huston stated it was planned for long range to become a major arterial in Dublin. Cm, Hughes asked questions about whether residents from future phases of development east of Fallon Road will need to cross this road to reach the school, and if the school was constructed in the original location, whether people would be parking on the east side due to the creek buffer, "'-",-. Regular Meeting [5-13 pcmi] May 13,1997 53 1\15, Huston stared correct. She stated that for neighborhood access, they have proposed an under- crossing primarily for golf carts for the conceptual golf course proposal in the area, but it can be used for . school children to cross beneath Fallon Road and walk down the corridor to the school. em, Johnson asked if the open space on both sides of Fallon Road was tentatively proposed as a golf course site. Ms. Huston stated yes. Cm. Johnson asked ifthe children living to the east in the undeveloped area would walk down Fallon Road or the foot path to get to school. Ms. Huston stated they would walk down the foot path and the creek corridor on the west side of Fallon Road. Cm, Johnson asked if the City was anticipating further expansion in five to ten years. Ms, Huston responded yes, Cm. Fasulkey asked if the track of homes on the north end directly across from the school, had driveways facing the school. Ms, Huston responded yes. . .-' .~. w"_."_ ~.. -' + ~-. Cm. Fasulkey asked if they could have the back ofthe houses face the school to limit traffic. Ms. Huston stated that could be considered at the time when the project was designed. She stated that if revisions and the lot layout did not have to significantly change, it could be considered as a minor change. Cm. Johnson asked what the concern was of having the driveways face the school. Cm. Fasulkey stated it could create a traffic situation with people trying to back out of their driveway while people were dropping off children at school. Cm Hughes stated the problem could be resolved by leaving the school where it was originally, He asked ifthe "M" on the site plan referred to multi-family. Ms. Huston responded that the "M" was for medium density. Cm, Hughes asked if duplexes, townhomes, and condos were categorized with "M". Ms. Huston responded yes, even small lot single family. Cm, Hughes stated that the high density and the medium density will probably have more children per acre using that school. . ~o Regular Meeting [5-13 pcmi] Ma)' 13, 1997 54 . . . Ms, Huston stated that in actuality single family low density homes have a greater number of children per unit. Cm. Hughes responded that most developments that have medium or high density were usually less expensive, which usually has more child rearing age of people who live there. In reviewing the diagrams, it appears that there will be more children near the original school site, He was concerned with moving the school just to build a few more homes in the first phase. This may create a problem five to ten years from now. Ms. Huston stated that this proposal does not include any changes in the number of lots. Also, she noted that the school districts had studied the number of school sites needed based upon the various types of residential units allowed under this density and have estimated where the first three or four school sites will need to be located for the early stages of development. Cm, Hughes stated that compared to Dublin High School on a busy street, which causes traffic problems or Wells Elementary School in a residential neighborhood, which causes problems also. He felt that when the Dublin Ranch project was planned out, there was probably a very good reason why the schoo] was put in that original location. The original location of the school seems to be centrally located, without putting to much of a burden on one particular neighborhood. He felt the new proposal made the school more isolated. Ms. Huston stated that a representative of the Livermore School District stated that their primary concern was the safety of the school children being dropped off. She stated that the trend was, unfortunately, that some of the parents dropping the children off, were not exactly driving in favor of the children's safety, We also want to avoid traffic stacking on Fallon Road. Cm. Johnson stated that there was a barrier on Fallon Road; he asked if the children being dropped off, (from Fallon Road) would have to cross the creek bed, and would they walk through the stream water. Ms. Huston stated yes, if students were dropped off on Fallon Road; and pointed out that it was more like a swale than a creek with running water. em. Johnson asked the distance of the swale from the schoo] at the original location. Ms. Huston stated the total buffer was about 100 feet. Cm. Johnson felt that a parent would not logically drop their child off in the middle of Fallon Road to cross 100 feet ofvegetation to get to school. He asked ifboth schoo] districts recommended the school to be moved. Ms, Huston responded yes. em. Johnson asked if there was a road off Gleason going up to the original school location. Ms._Huston stated no. She stated it was a property boundary, not a road, although it could become a road in the future if the property owners propose to develop the land in that way, L/I Regular Meeting [5-13 pcmi] May 13. 1997 55 Cm, Johnson stated that if the school district wanted the school moved, and the developer was in agreement, why should the City argue it. . Ms. Huston stated that to clarify an earlier statement, there were no additional units for this phase; it was just a swap of land. Cm. Fasulkey asked about the high school property. He understood that there was going to be a High School in the Livermore plan, and the Dublin plan did not have a high school. He asked what the high school property would revert back to. Ms, Huston stated the site was a fifty acre site and was shown in the Eastern Dublin Specific Plan as a high school. If the property were within the Livermore School District, the high school site would remain for a high school. If it were within the Dublin School District, the site would first be developed as a K-8 school (and students would attend Dublin High School). Cm, Oravetz asked when the decision be made on the high school and what district it would be in. Ms, Huston stated the details were being worked out on the boundaries and jurisdictional revisions. The issue was close to being resolved, which would mean the property would be in the Dublin School District. Cm. Oravetz asked who would develop the athletic field for the school. ...- .-.~ .... + Ms. Huston stated the site was not designed yet. . Cm. Oravetz asked if there was a sports ground planned. Ms. Huston stated that there was a neighborhood park, which may include some play fields. Cm. Oravetz asked who was responsible for developing the park. Ms. Huston stated that the City collects fees for the development of parks, Cm. Oravetz asked why the City did not have the developer develop the park. Ms, Huston responded that the developer was obligated to dedicate the site, but not to completely develop it, and there would be an issue of repaying them. She made one last comment that the action tonight was a Conditional Use Permit (CUP) under the City's current Planned Development Ordinance, The CUP was the vehicle used to make a minor amendment to an approved land use plan. The new ordinance would not apply to the future phases of Dublin Ranch (Areas A and Areas B-E) that were currently being processed. She stated that Staff feels this was an appropriate use of the CUP process, Cm, Fasulkey asked how wide the street was in front of the proposed elementary school. , , ' -, , Ms. Huston stated it would typically be designed as a major residential collector; which was n\'o lanes of traffic plus parking, She stated that because of possible traffic circulation issues, Staff added a condition . that if the school site can not accommodate the stacking that was needed for drop off, the street may need to be widened. ~~ Regular Meeting [5-13 pcmi) May 13. 1997 56 . em, Oravetz asked how many children would attend the school. Ms. Huston stated she was not certain, and the representatives of the developers were here that may have the answer. Dave Chadbourne, MacKay & Somps, stated the school district has been using the 630 standard for their elementary schools. The residential collector street that went from Fallon Road over to the loop street in Phase) was planned originally for 72 foot travel lanes, and along the parkway street there was a double row of trees. He stated they were in favor of the moving the school site, He made a few points of clarification, and the Dublin Ranch Applicant was proposing this on behalf of the school districts. He stated that Fallon Road was planned to be a four lane road with a median. He stated that the traffic numbers were typically 25,000 to 30,000 vehicles per day. He explained the phasing of the schools and that there was an initial elementary school to be constructed on the County property. The second school would be a K-8 combination school and the third elementary school would be located on Pao Lin property. Bob Harris, stated there was a possibility that the school in discussion, will not be built in that location or it may be built on the east side property. . Mr. Chadbourne had a concern about loading up the residential collector street with additional traffic, A uaffic analysis was perfornled by TJKM in the initial study. TJKM looked at the stacking of cars issue and to his understanding, TJKM documented that there was adequate room on site for drop off and pick up. His concern was that they would develop a nice collector street, and in the future, the school district would rip out the trees and the sidewalk to develop the school site. ~ .' .. -..- ...... Ms. Huston stated as part of the review of the project, the various departments looked at the traffic analysis, the stacking of cars, and were concerned that at the original site we would have people entering the collector street from Fallon Road trying to make an immediate left: turn to the site which created more concerns than anything. Mr. Chadbourne stated he thought there was a condition that the street would need to be widened to handle the stacking concern. Cm. Fasulkey talked about the development to the south and turning it around so it was an enclosed neighborhood and the back of the houses face the school Mr. Chadbourne said that goes against what was approved. He stated that the traffic analysis showed more than enough property to handle the traffic situation. Cm. Fasulkey still felt that there was a better way to design the houses so that the driveways do not go directly into the school site, like at Frederiksen Elementary school. . Mr. Chadbourne stated there were always houses fronting on this street and it has been approved that way, and moving the school may complicate things, but it was not an overriding complication, May 13. 1997 ~:; Regular Meeting [5-13 pcmi] 57 \1s, Huston offered an alternative design to have the street adjacent to the school designed as the main collector, but with perpendicular streets coming off this street to the south, so houses were oriented with their side yards to the school and not have a neighborhood turn its back to the school. . Cm, Johnson stated that this site may never be a school was a major issue. It may be dedicated school property today, but ten years from now the if school decides they don't want it, 100 homes may be built on it. He stated to make the school designed to handle the cars. Cm, Fasulkey asked why the redesigned lot has the driveways on the south side of the house, then we have some houses with the driveway running straight into the elementary school. He felt it was an inconsistency. Mr. Chadbourne stated that in their Phase] approval, the residential collectors were not to be overloaded with traffic. The circulation system was designed so that they would be under 3,000 vehicles per day. Ms, Huston stated that looking at an alternative design could improve traffic flow; rather than having all the lots facing one way or the other, we can have streets come off of the main collector to provide the sides of homes across the street from the school for additional parking, She stated that Condition number 4 could be changed to possibly widen the road way to mitigate impact to the street system. Cm Johnson stated that changing the entire design for something that may never happen does not make sense. He stated that it was up to the school to design the drop off and pick up of kids, so it does not conflict with the houses across the street. . .~ - . . .:;:.:~:~~ Cm. Hughes felt if the school was not built on, the school district may not always keep the vacant lot up and other types of homes may not be consistent with other homes in the area. He would rather have the existing school site left vacant than the new spot left vacant in the middle of a residential neighborhood. Ms, Huston stated the major concern was the left hand turn into the school site at the previous location from cars entering the collector street off Fallon, em. Hughes felt the parking situation would not make that much difference from the present site to the new site. He felt it was unreasonable to place the burden of all the traffic on the neighborhood, and he was concerned the school district would leave that land vacant for ten years like they did across from Kolb Park. Ms. Huston stated this location was better because it was buffered so that it did not back up directly adjacent to any homes located next to a neighborhood park to the west, and to the north there was a steep slope up to adjacent homes. She stated that on the east side there were houses on the opposite side of the residential street, Cm. Johnson asked if the land was donated from the builder to the school district. Ms. Huston responded it will be reserved for use by the school district. ..w . " .. Mr. Harris stated there was an agreement entered with the Dublin Unified School District, and they pay a . certain fee per unit. May ]3, ]997 ~~ Regular Mee;ing [5~J3 pcmi] 58 . . . ~s em, Johnson stated that if the land was donated. the CiTY could put a clause stating that if it was not used in a certain amount of years, it would be donated to the Parks and Recreation Department. If it was in lieu offees, the City would have to buy it from the school district. Cm. Oravetz asked Mr. Chadbourne if it mattered where the school was. Mr. Chadbourne stated that they resisted moving the school at first because they did not want to go through this process, however, they have gone through the process and would like to see it resolved one way or another tonight, Cm, Hughes asked if the school district normally fences off the school property from a park. Ms, Huston stated not in her neighborhood, and she has not seen it as a problem. Cm. Hughes stated his experience with vacant lots was that they had to be kept up. If there were 10 acres of grass and weeds, it was a perfect place for an incident to happen to a child. Cm. Johnson asked how long the property south of the site would be developed. Ms. Huston stated a year or two beyond this stage, Stage one could take five to ten years and it would be after that. Cm. Johnson asked if you were going to have vacant land for 10 or more years, would it be better to have the old site vacant than the new site. . .. ..-..... ...... Cm. Hughes stated he felt that if the school was not built and it was decided that home would go in the site, he would rather see different types of homes on the old site than the new site. Cm. Jennings closed the public hearing. Cm, Fasulkey felt that the developer should turn the track south of the elementary school around, and redesign it to be safer; we should not tolerate an unsafe situation. Cm. Johnson asked if the school was left in the original area, would there not be a problem. On motion by Cm. Hughes, seconded by Cm. Johnson and with a vote of 4-1 the Planning Commission recommended to not adopt the resolution approving, P A 97-004 DUBLIN RANCH CONDmONAL USE PERMIT FOR A MINOR MODIFICATION TO THE APPROVED DUBLIN RI\NCH PLANNED DEVELOPMEl\1}' PROJECT 1\EW OR UNFINISHED BUSINESS 9,1 Upcoming Planning Schedule Regular Meeting [5-13 pcmi] May ]3, ]997 59 em, Oravetz asked our current requirements on fence heights, Mr. Carrington stated the current requirement was 6 feet with one foot of lattice on the top. Mr. Carrington requested that the public hearing be reopened on PA 97-013. Cm. Jennings reopened the public hearing. . Mr. Carrington stated we did not address how the Planning Commission would make a minor amendment to a Planned Development. He state that currently it was done by a CUP, and he wanted to know how it would be done with the new wording. He felt it should read "and/or the Planning Commission by means ofa CUP," On page 4. he mentioned the densities would be the maximum densities, he proposed to add maximum in two places and read it for the record., Cm. Jennings stated the changes were noted and asked if anyone wished to speak. Bob Harris asked the wording to be repeated. Mr. Carrington repeated the changes. Mr. Harris recommended to delete the word "exact" and replace it with the word "maximum," Mr. Carrington stated that would be fine. Mr. Harris agreed. Cm. Jennings closed the public hearing. Cm. Hughes moved to accept the changes of section 8-31.4 , and on page 6 of the staff report, section 8-31.7, seconded by Cm. Oravetz with a 5-0 unanimous vote. Mr. Carrington stated Mr. Peabody requested to go over the results of the joint study session. He stated the Zoning Ordinance may go to the Planning Commission some time in July, ADJOURNMENT The meeting was adjourned at 8:55 p.m. Respectfully submitted, Planning Commission Chairperson ArrEST: Community Development Director ~(p Regular Meeting [5-13 pcmi] May 13, 1997 60 . . DUBLIN SCHOOLS . DUBLIN UNIFIED SCHOOL DISTRICT FAX TO: T asha Houston City of Dublin, Planning Department 833-6628 FROM: Jeanne Howland Asst. Supt./Business DATE: May 19,1997 RE: Dublin Ranch School Site Location . The Dublin Unified School District is in suppbrt of the relocation of the school site ("site") in the Dublin Ranch property from along Fallon Road to the adjacent neighborhood park. As the City of Dublin is aware, on October 2, 1996 following a series of meetings with District and City staff, the Board of Trustees of the Dublin Unified School District appr,?ved the school site locations in East Dublin. This information 'NaS confirmed (along with the intent to relocate the site) by Senior Planner, Carol R. Cirelli, in her memo to me of November 8, 1996. Representatives of the District \ViII be at the City Council meeting on June 3, 1997 when this matter is discussed. Please feel free to contact me if further information is needed. cc: Ted Fairfield (FAX.: 462-1701) Board of Trustees . ATTACHMENT 3 '-l1 WE ARe COMMITTED TO THE SUCCESS OF ALL OUR STUDENTS. =-fF . l~TED C. FAIRFIELD Consulting Civil Engineer May 14, 1997 H'-'ECC;\ 'ir", L! tJ ~ r J .l. ___ 'I,f; i, \! 1 ~ ',oa-/' .j~', ...Jt.J GllY Ur UUbLiN . 4: 0 ~ jJ /('IV Kay Keck City Clerk City of Dublin P.O. Box 2340 DubIin, CA 94568 Dear Ms. Keck: This letter constitutes an app"'..a.l of the action taken by the Planning Commission on May 13, 1997, denying case PA 97-004, the application of Jennifer Lin for a Conditional Use Permit (CUP) to relocate an elementary school site to within the boundary of Phase I of Dublin Ranch (a Minor Modification to the Phase I Land Use and Development Plan). I am making this appeal, as the agent for applicant Jennifer Lin, with the belief that it is supported by the City staff and the staff of the Dublin Unified School District. Both staffs have stated that they feel the relocation is necessary to enhance the safety of the students who will attend the school once it is in operation. I am in agreement with this . position and as the applicant for the CUP, I am hereby appealing the Planning Commission decision to the City Council. I ask that this appeal be considered by the City Council at its meeting of May 20, 1997. If you have any questions, please contact me immediately. Sincerely, TCF:drd cc: Guy Houston Rich Ambrose Eddie Peabody John Sugiyama Tasha Houston Jeaane Howland . All ACHMENPI t{f P.O. Box 1148. 5510 Sunol Blvd. . Pleasanton, California 94566. (510) 462-1455. Fax (510) 462-1701 --~" ,0f DT'/;. ~"" L<..J/ ,~'\.. <'-0, .....< ~ y, ;'t~~0 ~1 .-~~' ~C~\"Y ~ CITY OF DCBLIN ?O, Box 2340, Du~lin, Caiibrnia 94553 City Offices, 100 Ci\;c Plaza, Dublin, Caliiornia 94553 Negative Declaration (prepared pursuant to City of Dublin Environmental Guidelines, Section 1. 7 (c), 5.5) Description of Project: Proposed Conditional Use Permit (CUP) to allow a minor modification to the approved ~ PlaliIled Developmem (PD) Rezone and La...,d Use & Development Plan for t..~e Dublin Ranch Phase I PD. The CUP would allow a minor modification to the approved plans for the approximately 210 acre site. The change to the approved PD, would involve revising the project boundary to include a 10 acre elementary school site and approximately 2 acres of open space buffer, and making minor shifts in the lot layouts to accommodate the elementary school adjacent to the Neighborhood Park site. The elementary school is approved in a location which is currently just outside the Phase I project boundary. The approved PD includes the follo'wing land uses: PD Low Density Residential (109.8 acres); PD Medium Density Residential (35.7 acres); PD Open Space (59.5 acres); and Neighborhood Park (5.0 acres). The revised project area would be 222 acres. Project Location: The project is located on the east side of Tassajara Road, 4,000 feet north ofl-580 freeway, on approximately 847 acres, surrounded by undeveloped ranch land on the north, east, and south; Assessor Parcel Numbers 985-2-4,985-2-3, 985-7-2-6, 985-3-1-2, 985-3-3-2, 985-7-2-9, 985-6-7, 985-6-8, 985-3-2 . Name of Proponent: Jennifer Lin; Ted C. Fairfield, Agent, 5510 Sunol Blvd., Suite B, Pleasanton, CA 94566 Determination: I hereby find that although the above project could have a significant effect on the environment, because the rnitigationmeasures described on an attached sheet have been added to the project, there will not be a significa.T1t effect in this case. ~:< Xna.ched is a copy of the Initial Study and :Mitigated Negative Declaration docurnentingthe reasons to support the above finding. Mitigation measures are included in the project to avoid potentially significant effects on the environment and are included as part of the Initial Study. (Ccw' of Initial stat. arrl Mi:tigptim M:nit.arir:g M:ltrix av::'Ii 1 M 1 P: up:n req.est at City of D..tili.n, 100 Civic P.l.a.za, D..tili.n, CA, or by ~ tie n.tilin P1ami.rg~. at (510)83}--661O) C:zPJ( ~ Signature Tasha Huston Printed Name Associate Planner Titl e 411/97 Date Ana::mnents . Da1= published: Dare Posted: Dale Noti;e Mailed: Considered by: On: A~on on NegativeI)::::laration: _ Approved Noti:: ofI)::lerminationfiled: ResolutionNo, Di5a!l!lTOved ATTACHMENTS 4, 510) 833-5505 . Finan::e (5W) 833-6640 . Builciin;;Jlnspection (510) 83:3.55?0 . VICINITY - MAP N.T,S. ~ .,c" f/I ~ -- ..",.. -oIIIl- \}'\).e Co'lll\-\.~ cos'l:a -.". \}t\e c.o1l-\S'O. Co'llt\\'3 l'l'O. 'CPeo.f>. CITY LlWl'l' LINE """,<fII1i\ #~ ..",.. ~ o c:: >- E- c:: ~ DUBLIN ~ ~..o 5 V'o 0 . I::i 1-580 ~ L. e:: 0 ~ ~1~ ;.<:. I~ ~\ (:) :z~ >-0 v,--fi UC:::: o..c:: ....:l g I::i PLEAS ANTON $e> . ATTACHMENT'