HomeMy WebLinkAboutAttachmt 1 Reso Recommend CC Adopt Ordinance
RESOLUTION NO. 07 - XX
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE
AMENDING THE PLANNED DEVELOPMENT DISTRICT FOR
DUBLIN RANCH AREAS B, C, D & E TO INCLUDE
PD-HIGH-DENSITY RESIDENTIAL WITH LIVE-WORK UNITS
FOR SYCAMORE GROVE WITHIN THE FAIRWAY RANCH PROJECT P A 03-010
LOCATED IN THE EASTERN DUBLIN SPECIFIC PLAN AREA
PA 06-037
WHEREAS, the Applicant, James Tong, on behalf of Dublin Ranch Holdings LLC, submitted
applications for an area of approximately 8.8 acres gross (6.4 acres net) known as Sycamore Grove
located within the Dublin Ranch project area of the Eastern Dublin Specific Plan Area north of Dublin
Boulevard between Keegan Street and Lockhart Street; and
WHEREAS, the applications include: a) Planned Development rezone; and b) Site Development
Review for the Sycamore Grove portion (PA 06-037) of Fairway Ranch (PA 03-010). Sycamore Grove is
a 304-unit high-density residential condominium project for sale in conjunction with a previously
approved Vesting Tentative Tract Map 7453 and existing Development Agreement approved by
Ordinance 8-03. The applications collectively define this "Project"; and
WHEREAS, the Project site generally is located north of Dublin Boulevard between Keegan
Street and Lockhart Street within the Eastern Dublin Specific Plan Area. The project site currently is
vacant land; and
WHEREAS, the Project is located in Area B of the Dublin Ranch project. Dublin Ranch Areas
B, C, D and E are subject to PD-Planned Development zoning (PA 96-039) adopted by City Council
Resolution 141-97; and
WHEREAS, Pursuant to the California Environmental Quality Act (CEQA), the City Council
finds the Project exempt from CEQA pursuant to Government Code section 65457 for residential projects
that are consistent with a specific plan. This finding is based on a determination that there are no
supplemental impacts that would require preparation of a Supplemental EIR, as further documented in
the Initial Study prepared by the City, dated June 2003 and incorporated herein by reference. The Initial
Study found that the environmental impacts of the Project were addressed by the Negative Declaration
approved by the City Council in Resolution No. 140-97 for the Planning Development Rezoning for 453
acres of Dublin Ranch which includes the Property and the Project and by the Environmental Impact
Report for the Eastern Dublin General Plan Amendment and Specific Plan (SCH 91103064) which was
certified by the Council in Resolution No. 51-93 and the Addenda dated May 4, 1993 and August 22,
1994; and
WHEREAS, the project site is known as Lot 3 of Tentative Tract 7453 adopted by Planning
Commission Resolution 03-031 on June 24, 2003; and
WHEREAS, the Planning Commission adopted Resolution 03-032 on June 24, 2003, which
deferred approval authority to the City Council for the Site Development Review for the three-phase
Fairway Ranch Project primarily due to density bonus issues; and
WHEREAS, the City Council adopted Resolution 149-03 on July 1, 2003 approving the Site
Development Review for Fairway Ranch;
Attachment 1
WHEREAS, a staff report, dated March 27, 2007 and incorporated herein by reference, described
and analyzed the Project; and
WHEREAS, the Planning Commission reviewed the staff report at a duly noticed public hearing
held on March 27, 2007 at which time all interested parties had the opportunity to be heard.
WHEREAS, the Planning Commission did hear and use their independent judgment and
considered all said reports, recommendations, and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission ofthe City of Dublin
recommends that the City Council adopt an ordinance (Exhibit A) approving Planned Development
rezone for Dublin Ranch Areas B, C, D & E (P A 96-039) to include "5-A PD High-Density Residential
with Live-Work Units" related to the Sycamore Grove project (PA 06-037), a 304-unit high density
residential project, based on findings that the PD zoning is consistent with the General Plan, the Eastern
Dublin Specific Plan, and the purpose and intent of the Fairway Ranch Planned project (P A 03-031),
based on the following findings:
The Planned Development rezone for PD-High-Density Residential with Live-Work Units for the PD
District known as Dublin Ranch Areas B, C, D and E (P A 96-039), specifically for the Sycamore Grove
project (PA 06-037) within the Fairway Ranch project (PA 03-010) satisfies the following required
findings:
1. Development of the Sycamore Grove project under the PD-Planned Development zoning will
be harmonious and compatible with existing and future development in the surrounding area in
that the land uses establish neighborhoods, provide open space amenities, and allow for a
variety of housing types, including affordable housing. The land uses and site plan provide
effective transitions to surrounding development which is characterized by the proposed
vehicular and pedestrian circulation system.
2. The proposed Planned Development rezone for PD-High Density Residential with Live-Work
Units for the Sycamore Grove project has been designed to accommodate the topography of
the project site which typically is characterized as vacant, sloping from north to south suitable
for High Density Residential development, and therefore physically suitable for the type and
intensity of the proposed development.
3. The proposed Planned Development rezone for PD-High Density Residential with Live-Work
Units for the Sycamore Grove project will not adversely affect the health or safety of persons
residing or working in the vicinity, or be detrimental to the public health, safety and welfare in
that the project will comply with all applicable development regulations and standards and will
implement all adopted mitigation measures.
4. The proposed Planned Development rezone for PD-High Density Residential with Live-Work
Units for the Sycamore Grove project is consistent with the Dublin General Plan, the Eastern
Dublin Specific Plan, and the PD-Planned Development zoning district for Dublin Ranch
Areas B, C, D and E (PA 96-039) adopted in 1997 by City Council Ordinance 141-97, and the
Fairway Ranch project (PA 03-010) approved in 2003 by City Council Resolution 149-03 in
that:
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(a) The General Plan designates the subject property as high density residential, but does
not expressly preclude accessory commercial uses within this designation.
(b) The Eastern Dublin Specific Plan designates the subject property as Town Center-
Residential, but does not expressly preclude accessory commercial uses within this
designation. Live-Work units constitute an accessory use consistent with the City's
General Plan and the Eastern Dublin Specific Plan because the primary use of the units
will be residential.
(c) The square footage of the proposed Live-Work units reflect the accessory nature of the
commercial portion of the units as the square footage of each Live- Work unit dedicated
to "work" purposes is less than one-third of the total square footage of each Live-Work
unit. Furthermore, commercial uses are restricted to those owned and operated by the
unit owner or unit tenant.
(d) Section 2.1.1 of the General Plan establishes a guiding policy to encourage housing of
"varied types, sizes and prices to meet current and future needs of all Dublin residents."
Section 4.3.2 Eastern Dublin Specific Plan sets forth a goal of establishing an
"attractive and vital community that provides a balanced and fully integrated range of
residential, commercial, employment, recreational, and social opportunities." The
proposed Live-Work units promote a balanced mixed-use community as supported by
the City's General Plan and the Eastern Dublin Specific Plan.
(e) Both the General Plan and Specific Plan encourage variety within the housing
options for Dublin residents which the proposed Live-Work units would
uniquely achieve.
PASSED, APPROVED, AND ADOPTED this 27th day of March, 2007 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chair
ATTEST:
Planning Manager
G:IP A#\2006\06-1J37 The Groves CondominiumIPClDub-DraftPCReso-SycamG-PDR.doc
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ORDINANCE NO. 07 - XX
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
***********************************************
APPROVING AN AMENDMENT TO THE PLANNED DEVELOPMENT DISTRICT OF
DUBLIN RANCH AREAS B, C, D AND E (P A 96-039) SPECIFICALLY FOR THE PROJECT
KNOWN AS SYCAMORE GROVE WITHIN FAIRWAY RANCH (PA 03-010) LOCATED
WITHIN THE EASTERN DUBLIN SPECIFIC PLAN AREA TO INCLUDE LIVE-WORK UNITS
WITHIN THE PD-HIGH-DENSITY RESIDENTIAL ZONE
PA 06-037
The Dublin City Council does ordain as follows:
SECTION 1: Recitals
A. By Ordinance No. 24-97, the City Council rezoned the approximately 452.6 acres known
as the Dublin Ranch Areas A,B,C, D and E to a Planned Development Zoning District, which allows for
residential uses in the Sycamore Grove project (PA 06-037) within the Fairway Ranch project (PA 03-
010), which is a part of the PD District known as Dublin Ranch Areas B, C, D, and E (PA 96-039).
B. This Ordinance amends the Planned Development Zoning to allow Live-Work units to the extent
that such units allow a work use that is accessory to the primary residential use in the Sycamore Grove
project (P A 06-037) within the Fairway Ranch project (P A 03-010), which is a part of the PD District
known as Dublin Ranch Areas B, C, D, and E (P A 96-039).
SECTION 2: Findings
A. Pursuant to Sections 8.120.050.A and B of the Dublin Municipal Code, the City Council finds as
follows.
The Planned Development rezone for PD-High-Density Residential with Live-Work Units for the PD
District known as Dublin Ranch Areas B, C, D and E (P A 96-039), specifically for the Sycamore Grove
project (PA 06-037) within the Fairway Ranch project (PA 03-010) satisfies the following required
findings:
1. Development of the Sycamore Grove project under the PD-Planned Development zoning will
be harmonious and compatible with existing and future development in the surrounding area in
that the land uses establish neighborhoods, provide open space amenities, and allow for a
variety of housing types, including affordable housing. The land uses and site plan provide
effective transitions to surrounding development which is characterized by the proposed
vehicular and pedestrian circulation system.
2. The proposed Planned Development rezone for PD-High Density Residential with Live-Work
Units for the Sycamore Grove project has been designed to accommodate the topography of
the project site which typically is characterized as vacant, sloping from north to south suitable
for High Density Residential development, and therefore physically suitable for the type and
intensity of the proposed development.
3. The proposed Planned Development rezone for PD-High Density Residential with Live-Work
Units for the Sycamore Grove project will not adversely affect the health or safety of persons
Exhibit A
residing or working in the vicinity, or be detrimental to the public health, safety and welfare in
that the project will comply with all applicable development regulations and standards and will
implement all adopted mitigation measures.
4. The proposed Planned Development rezone for PD-High Density Residential with Live-Work
Units for the Sycamore Grove project is consistent with the Dublin General Plan, the Eastern
Dublin Specific Plan, and the PD-Planned Development zoning district for Dublin Ranch
Areas B, C, D and E (PA 96-039) adopted in 1997 by City Council Ordinance 141-97, and the
Fairway Ranch project (PA 03-010) approved in 2003 by City Council Resolution 149-03 in
that:
(a) The General Plan designates the subject property as high density residential, but does
not expressly preclude accessory commercial uses within this designation.
(b) The Eastern Dublin Specific Plan designates the subject property as Town Center-
Residential, but does not expressly preclude accessory commercial uses within this
designation. Live- Work units constitute an accessory use consistent with the City's
General Plan and the Eastern Dublin Specific Plan because the primary use of the units
will be residential.
(c) The square footage of the proposed Live-Work units reflect the accessory nature of the
commercial portion of the units as the square footage of each Live-Work unit dedicated
to "work" purposes is less than one-third of the total square footage of each Live-Work
unit. Furthermore, commercial uses are restricted to those owned and operated by the
unit owner or unit tenant.
(d) Section 2.1.1 of the General Plan establishes a guiding policy to encourage housing of
"varied types, sizes and prices to meet current and future needs of all Dublin residents."
Section 4.3.2 Eastern Dublin Specific Plan sets forth a goal of establishing an
"attractive and vital community that provides a balanced and fully integrated range of
residential, commercial, employment, recreational, and social opportunities." The
proposed Live-Work units promote a balanced mixed-use community as supported by
the City's General Plan and the Eastern Dublin Specific Plan.
(e) Both the General Plan and Specific Plan encourage variety within the housing options
for Dublin residents which the proposed Live-Work units would uniquely achieve.
B. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council additionally finds as
follows.
1. The Planned Development rezone for the PD-High Density Residential with Live-Work Units
for the PD District known as Dublin Ranch Areas B, C, D and E, specifically for the Sycamore
Grove project (PA 06-037) within the Fairway Ranch project (PA 03-010), meets the purpose
and intent of Chapter 8.32 in that it provides a comprehensive development plan that is
tailored to the proposed land use designations within the site, creates a desirable use of land
that is sensitive to surrounding land uses by virtue of the layout and design of the site plan, and
uses creative design and a mix of complementary uses to create open space areas, residential
neighborhoods, and public facilities within the Area.
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2. Development of the Sycamore Grove project under the PD-Planned Development zoning will
be harmonious and compatible with existing and future development in the surrounding area in
that the land uses establish neighborhoods, provide open space amenities, and allow for a
variety of housing types, including affordable housing. The land uses and site plan provide
effective transitions to surrounding development which is characterized by the proposed
vehicular and pedestrian circulation system.
C. Pursuant to the California Environmental Quality Act, the proposed project generally was
addressed by a program EIR (SCH#91 103064) certified on May 4, 1993 and August 22, 1994 by City
Council Resolution 51-93 for Dublin General Plan's Eastern Extended Planning Area and the Eastern
Dublin Specific Plan area and a DKS Associates Traffic Study dated December 15, 1992. An Initial
Study was prepared for the proposed Fairway Ranch project (PA 03-010) and a determination was made
that the proposed project is within the scope of the EIR previously certified and Negative Declaration
adopted by City Council Resolution 140-97 which addressed an area of approximately 453 acres in
Dublin Ranch Areas B through E, including a variety of residential and non-residential uses, as well as a
community park and that no additional negative impacts requiring additional mitigation would result from
the proposed project. Therefore, as required, prior environmental documentation has been determined to
support approval of the proposed project.
D. At its meeting of March 27, 2007, the Planning Commission adopted Resolution 07-XXX
recommending adoption of uses in the Planned Development rezone of Dublin Ranch Areas B, C, D and
E (PA 96-039) include PD-High Density Residential with Live-Work Units specifically for the project
known as Sycamore Grove (PA 06-037) within Fairway Ranch (PA 03-010) located within the Eastern
Dublin Specific Plan Area.
SECTION 3:
Pursuant to Chapter 8.120 of the City of Dublin Municipal Code, the rezone for PD-High Density
Residential with Live-Work Units is approved for the Sycamore Grove project within Fairway Ranch, 304
units of high-density residential (including 278 condominium flats, 22 Live-Work townhouses, and four
standard townhouses) on approximately 6.4 net acres of generally vacant land located north Dublin
Boulevard between Keegan Street and Lockhart Street.
APN: 985-0027-001
A vicinity map showing the Planned Development Plan area is shown below:
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SECTION 4.
The Planned Development district is hereby amended to include the following:
5A. PD - Hi2h Density Residential with Live-Work Units
Residential uses shall conform to those permitted and conditional uses listed under 5. PD-Hi2h
Density. In addition, Live-Work units may be used for certain commercial purposes to the extent
that such commercial use is accessory to the primary residential use of the Live- Work units, subject
to the provisions of this Ordinance. Commercial uses in Live-Work units shall be operated by the
unit occupant, whether unit owner or unit tenant. Commercial uses shall not occupy more than one-
third of the total square footage of the Live-Work unit, as indicated in the Applicant's submittal dated
March 21,2007 and on file with the Community Development Department. All uses of Live-Work
units shall be in accordance with the following:
Permitted Uses:
a. Local-serving retail and craft-related uses including but not limited to:
1. Art Gallery
2. Artist, Graphic Design and other Artisan-related studio
3. Jewelry Artisan
4. Book Store (except adult bookstore)
5. Clothing/Apparel/Accessories fabricated on the premises
6. Computers/Electronic Equipment service and repair
7. Craftsperson shop (woodworking, furniture making, ceramics, etc.) subject to
applicable restrictions listed under Prohibited Uses section.
8. Photographic Supply Store
9. Photography Studio
10. Picture Framing Shop
11. Other uses found to be consistent by the Community Development Director
b. Business/professional offices and service establishments including but not limited to:
1. Administrative Offices
2. Bookkeeper
3. Business Services
4. Counseling Services
5. Desktop Publishing
6. Employment Agency/Executive Search Consulting
7. Financial Services including Mortgage Broker and Financial Planner
8. Professional Offices and Services including: Appraisal, Accounting, Architectural,
Engineering, Legal, Optometric, Miscellaneous Consulting Services, etc.
9. Real Estate or Insurance Office
10. Travel Agent
11. Tutor/Educational Consultant/Instructor
12. Writer/Technical Advisor
13. Other uses found to be consistent by the Community Development Director
Conditional Uses:
1. Medical or Dental Offices
2. Sale of food and/or beverages, prepared on the premises by the owner or tenant
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Prohibited Uses:
a. Any occupancy classified as an H occupancy by the California Building Standards Code
b. Adult businesses
c. Vehicle maintenance or repair (e.g., body or mechanical work, including boats an
recreational vehicles, vehicle detailing and painting, upholstery, etc.)
d. Welding, or any open flame work
e. Machinery-related uses or activities
f. Activities involving biological or chemical substances or storage of flammable liquids or
hazardous materials that are not normally associated with residential use, require a
controlled environment or may pose a health hazard
g. Storage or Recycling, except as incidental to and in support of a permitted use for live-
work units
h. Grooming, breeding, training, boarding or raising of dogs, cats, or other animals for
profit
1. Veterinary services including animal hospitals, kennels and associated services
J. Medical and dental clinics and laboratories
k. Repair shops (of appliances, furniture, and similar items as determined by the Director of
Community Development), fix-it shops, or plumbing shops
1. Drinking and dining establishments (i.e., bars and restaurants)
m. Dance or night club
n. Take out food shops
o. Sale of food and/or beverages, other than those items prepared on the premises
p. Teaching of organized classes totaling more than six persons at a time.
q. Dry Cleaners and Laundromats
r. Fortune telling
s. Astrology, palmistry, massage and head shops and similar uses.
t. Uses with more than one full-time employee working within the live-work unit (in
addition to the permanent residents of the unit).
u. Any other activity or use, as determined by the Director of Community Development to
not be compatible with residential activities and/or to have the possibility of affecting the
health or safety oflive/work unit residents, because of the potential for the use to create
dust, glare, heat, noise, noxious gasses, fumes, odor, smoke, traffic, vibration, electrical
interference or other impacts, or would be hazardous because of materials, processes,
products, or wastes
SECTION 5.
Any amendments to the uses in the zone PD-High-Density Residential with Live-Work Units shall be in
accordance with section 8.120 of the Dublin Municipal Code or its successors.
SECTION 6.
This Ordinance shall take effect and be enforced thirty (30) days following its adoption. The City Clerk
ofthe City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City
of Dublin in accordance with Section 36933 of the Government Code of the State of California.
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SECTION 7.
All provisions of the Planned Development rezone shall remain in full force and effect, except as
expressly modified herein.
PASSED, APPROVED AND ADOPTED BY the City Council of the City of Dublin, on this
day of 2007, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
G:IPA#\2006\06-037 The Groves CondominiumIPC\Ordinance.DOC
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