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HomeMy WebLinkAboutAttachmt 5 Reso CC Appv PD Prezone & Stg 1 DP RESOLUTION NO. 07 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL APPROVE A PLANNED DEVELOPMENT PREZONE AND A STAGE 1 DEVELOPMENT PLAN FOR CASAMIRA VALLEY/MOLLER RANCH LOCATED AT 6861 TASSAJARA ROAD (APN 985-0001-001) P A 03-060 WHEREAS, the Applicant, The DeSilva Group, has submitted, in combination with a separate applicant, a request for annexation to the City and the Dublin San Ramon Services District of an area which is approximately 243.18 acres generally located in an unincorporated area of Alameda County, which area includes the Casamira Valley/Moller Ranch property of238.8 acres located at 6861 Tassajara Road (APN 985-0001-001), the Tipper property of 12.5 acres located at 7440 Tassajara Road (APN 986- 0004-001), and the Vargas property of 4.38 acres located at 7020 Tassajara Road (APN 986-0004-002- 01); and WHEREAS, the project site is bounded by the Alameda/Contra Costa County boundary on the north, unincorporated Alameda County to the east, the existing City limits on the south, west and east, and located north of the current City Limits; and WHEREAS, the Applicant has additionally requested approval of a Planned Development prezoning and related Stage 1 Development Plan for property including: 1) development of the Casamira Valley/Moller Ranch property with a residential project consisting of298 attached and detached homes on 48.9 acres of the site, a dedication of 1.1 acres to the City for a Neighborhood Square (park), 32.6 acres designated for Open Space/Stream Corridor, and 132.7 acres designated for Rural Residential/Agricultural, and roads; and 2) the Tipper property, which is included in the application in order to bring the City Limit Line to the Alameda County line, but for which no development is proposed; and WHEREAS, James and Sue Tipper have consented to annex their property to the City of Dublin and the Dublin San Ramon Services District and to have their property included in the Planned Development prezoning and related Stage 1 Development Plan for the Casamira Valley/Moller Ranch project; and WHEREAS, the annexation and prezoning request for the Casamira Valley/Moller Ranch and the Tipper properties are collectively referred to as the "Casamira Valley Project"; and WHEREAS, the Casamira Valley Project is within the General Plan Eastern Extended Planning Area, for which a Program Environmental Impact Report (EIR) was certified pursuant to the California Environmental Quality Act (CEQA) by the City Council by Resolution No. 51-93 and subsequent Addendums dated May 4, 1993 and August 22, 1994 (the "Eastern Dublin EIR") (SCH 91103064). The Eastern Dublin EIR identified significant and unavoidable impacts from development of the Eastern Dublin area, some of which would apply to the Project; and Attachment 5 WHEREAS, pursuant to CEQA and the CEQA Guidelines, the City as the Lead Agency prepared a Supplemental Environmental Impact Report for the Casamira Valley/Moller Ranch project which includes the Tipper property entitled "Casamira Valley/Moller Ranch Supplemental Environmental Impact Report" and circulated the Draft Supplemental Environmental Impact Report for public review; and WHEREAS, at its April 10, 2007 hearing, the Planning Commission adopted a Resolution incorporated herein by reference, recommending that the City Council certify the Supplemental Environmental Impact Report; and WHEREAS, the Planning Commission reviewed the staff report and the Mitigated Negative Declaration and considered the annexation, General Plan and Specific Plan Amendment and prezoning project including the Stage 1 Development Plan at a noticed public hearing on April 10, 2007, at which time all interested parties had the opportunity to be heard; and WHEREAS, the Planning Commission did hold a public hearing on said Project application on April 10,2007; and NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Dublin does hereby make the following findings and determinations regarding said Prezone and related Stage 1 Development Plan: Pursuant to Section 8.120.050 of the Dublin Municipal Code, the Planning Commission finds as follows: A. The proposed Stage 1 Development Plan for the Casamira Valley Project will be harmonious and compatible with existing and potential development in surrounding areas because: 1) the General Plan anticipated development of the properties and the properties have been designated for residential development since 1993; 2) development of the sites represents orderly growth of the General Plan Eastern Extended Planning area and is a logical extension of the City; 3) the Stage 1 Development Plan includes a variety of housing types including attached and detached housing and includes cluster homes, single family dwelling units, townhouses and alley loaded housing units which will contribute the diversity of housing types in the area; and 4) no development is proposed on the Tipper property, however, the Stage 1 Development Plan does not permit development of the Tipper property at this time and requires approval of a Stage 1 Development Plan, in addition to other approvals required by the Zoning Ordinance, for the Tipper property prior to the development of the site. B. The Casamira Valley/Moller Ranch site is physically suitable for the type and intensity of the Planned Development Zoning District proposed because: 1) the proposed medium density of the project site is compatible with the proposed General Plan and Specific Plan amendments; 2) the proposed project will include residential uses which are consistent with the proposed General Plan and Specific Land Use Designations for the Site; and 3) the Stage 1 Development Plan will allow the constructed of 298 units which will result in an overall density of 6.1 units per acre which falls within the permitted density rang of 6.1 to 14.0 dwelling unit per acre in the Medium-Density Residential land use category. 2 C. The proposed amendment 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 because: I) the General Plan anticipated development of the project site; and 2) there are several residential developments approved, under construction or under review in the vicinity. D. The proposed Stage 1 Development Plan and PD Rezone are consistent with the Dublin General Plan and the Eastern Dublin Specific Plan because: 1) the Applicant has requested approval of a General Plan Amendment to change the Low Density Residential land use designation to Medium- Density Residential on the Casamira Valley/Moller Ranch property to increase the density to allow the construction of 298 attached and detached dwelling units; 2) the General Plan Amendment also includes a request to reduce the developable area on the Casamira Valley site by 20 acres and increase the open space area on the site; and 3) the Applicant for the Casamira Valley Project has requested an Amendment to the Eastern Dublin Specific Plan to include the Casamira Valley/Moller Ranch site in the Eastern Dublin Specific Plan and establish the land use designation for the site. Pursuant to the Dublin Zoning Ordinance Section 8.32.070, the Planning Commission finds: E. The proposed Planned Development Zoning District meets the purpose and intent of Chapter 8.32 Planned Development Zoning District of the Dublin Zoning Ordinance because: 1) the proposed project is consistent with the intent of the General Plan and Eastern Dublin Specific Plan which envisioned residential development in this area; 2) the proposed Stage 1 Development Plan allows for diversity in housing types on the site and in the area as discussed above and as required by Section 8.32.01O.B of the Dublin Zoning Ordinance; and 4) the proposed Stage 1 Development Plan focuses residential development in the flat area on the site to protect sensitive areas and away from Tassajara Road, as required by Sections 8.32.010.E and 8.32.01O.G of the Zoning Ordinance. F. Development under the Planned District Development Plan will be harmonious and compatible with existing and future development in the surrounding area because: 1) residential development is envisioned for the site and in surrounding areas within the City; 2) residential development has been approved west of the subject site on the Wallis Ranch project site and is currently under review for the Mission Peak project site located adjacent to the Casamira Valley/Moller Ranch site to the north; and 3) a buffer between the project site and the undeveloped land to the north in unincorporated Contra Costa County and unincorporated Alameda County is provided with a conservation easement and land designated as Rural Residential/Agriculture which allows limited development. BE IT FURTHER RESOLVED that the Planning Commission does hereby recommend that the City Council adopt the Ordinance attached as Exhibit A, prezoning the project site to the Planned Development Zoning District and approving the related Stage 1 Development Plan for the Casamira Valley Project (PA 03-060). PASSED, APPROVED, AND ADOPTED this 10th day of April 2007 by the following vote: 3 AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Planning Manager 4 ORDINANCE NO. 07- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ***************************************** PRE ZONING THE CASAMIRA V ALLEY/MOLLER RANCH PROJECT SITE TO THE PLANNED DEVELOPMENT DISTRICT AND APPROVING A RELATED STAGE 1 DEVELOPMENT PLAN P A 03-060 The City Council ofthe City of Dublin does ordain as follows: SECTION 1: FINDINGS A. Pursuant to Section 8.120.050 of the Dublin Municipal Code, the City Council finds as follows. 1. The proposed Stage 1 Development Plan for the Casamira Valley Project will be harmonious and compatible with existing and potential development in surrounding areas because: 1) the General Plan anticipated development of the properties and the properties have been designated for residential development since 1993; 2) development of the sites represents orderly growth of the General Plan Eastern Extended Planning area and is a logical extension of the City; 3) the Stage 1 Development Plan includes a variety of housing types including attached and detached housing and includes cluster homes, single family dwelling units, townhouses and alley loaded housing units which will contribute the diversity of housing types in the area; and 4) no development is proposed on the Tipper property, however, the Stage 1 Development Plan does not permit development of the Tipper property at this time and requires approval of a Stage 1 Development Plan, in addition to other approvals required by the Zoning Ordinance, for the Tipper property prior to the development of the site. 2. The Casamira Valley/Moller Ranch Project site is physically suitable for the type and intensity of the Planned Development Zoning District proposed because: I) the proposed medium density of the project site is compatible with the proposed General Plan and Specific Plan amendments; 2) the proposed project will include residential uses which are consistent with the proposed General Plan and Specific Land Use Designations for the Site; and 3) the Stage 1 Development Plan will allow the constructed of 298 units which will result in an overall density of 6.1 units per acre which falls within the permitted density rang of 6.1 to 14.0 dwelling unit per acre in the Medium-Density Residential land use category. 3. The proposed amendment 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 because: I) the General Plan anticipated development of the project site; and 2) there are several residential developments approved, under construction or under review in the vicinity. 4. The proposed Stage 1 Development Plan and PD Rezone are consistent with the Dublin General Plan and the Eastern Dublin Specific Plan because: 1) the Applicant 1 EXHIBIT A has requested approval of a General Plan Amendment to change the Low Density Residential land use designation to Medium-Density Residential on the Casamira Valley/Moller Ranch property to increase the density to allow the construction of 298 attached and detached dwelling units; 2) the General Plan Amendment also includes a request to reduce the developable area on the Casamira Valley site by 20 acres and increase the open space area on the site; and 3) the Applicant for the Casamira Valley Project has requested an Amendment to the Eastern Dublin Specific Plan to include the Casamira Valley/Moller Ranch site in the Eastern Dublin Specific Plan and establish the land use designation for the site. B. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as follows. 1. The proposed Planned Development Zoning District meets the purpose and intent of Chapter 8.32 Planned Development Zoning District of the Dublin Zoning Ordinance because: 1) the proposed project is consistent with the intent of the General Plan and Eastern Dublin Specific Plan which envisioned residential development in this area; 2) the proposed Stage 1 Development Plan allows for diversity in housing types on the site and in the area as discussed above and as required by Section 8.32.01O.B of the Dublin Zoning Ordinance; and 4) the proposed Stage 1 Development Plan focuses residential development in the flat area on the site to protect sensitive areas and away from Tassajara Road as required by Sections 8.32.01O.E and 8.32.010.G of the Zoning Ordinance. 2. Development under the Planned District Development Plan will be harmonious and compatible with existing and future development in the surrounding area because: 1) residential development is envisioned for the site and in surrounding areas within the City; 2) residential development has been approved west of the subject site on the Wallis Ranch project site and is currently under review for the Mission Peak project site located adjacent to the Casamira Valley/Moller Ranch site to the north; and 3) a buffer between the project site and the undeveloped land to the north in unincorporated Contra Costa County and unincorporated Alameda County is provided with a conservation easement and land designated as Rural Residential/Agriculture which allows limited development. C. Pursuant to the California Environmental Quality Act, the City Council certified a Supplemental Environmental Impact Report, Statement of Overriding Considerations and Mitigation Monitoring Plan for the Project on by Resolution 07-_ incorporated herein by reference. SECTION 2. MAP OF THE PROPERTY Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code the City of Dublin Zoning Map is amended to prezone the following property ("the Property") to a Planned Development Zoning District: 238.8 acres generally located west and east of Tassajara Road, north of the Pinn Brothers/Silveria Ranch project and south of the Alameda/Contra Costa County border. (APNs: 985-0001-001 and 986-0004-001). A map of the prezoning area is shown below: 2 ! I i c:. ~ Q:: ~ ~ ~ Vi ~ GlEASON DRIVE PKwY BLVD INTERSTAlE 580 ~Ot-<:J <t::\t- '{f\t- SECTION 3. APPROVAL PROJEC' SITE UN ~ ~~ <,j~ l;j The regulations for the use, development, improvement, and maintenance of the Property are set forth in the following Stage 1 Development Plan for the Project area which is hereby approved. Any amendments to the Stage 1 Development Plan shall be in accordance with section 8.32.080 of the Dublin Municipal Code or its successors. Stage 1 Development Plan for Casamira Valley/Moller Ranch (PA 03-060) This is a Stage 1 Development Plan pursuant to Chapter 8.32 of the Dublin Zoning Ordinance. This Development Plan meets all the requirements for a Stage 1 Development Plan and is adopted as part of the PD-Planned Development prezoning for the Casamira Valley/Moller Ranch project, PA 03-060. The Stage 1 Development Plan consists of the items and plans identified below, many of which are contained in a separately bound document titled Stage 1 Development Plan, Casamira Valley, dated December 26, 2006 ("Stage 1 Development Plan booklet"). The Stage 1 Development Plan booklet is incorporated herein by reference and is on file in the Dublin Community Development Department under file no. P A 03-060. The PD-Planned Development District and this Stage 1 Development Plan provide flexibility to encourage innovative development while ensuring that the goals, policies, and action programs of the General Plan, Eastern Dublin Specific Plan, and provisions of Chapter 8.32 of the Zoning Ordinance are satisfied. 1. Zoning: This PD Planned Development Zoning District is to provide for and regulate the development of Casamira Valley/Moller Ranch site as shown below. The General Plan land use 3 designations include: Medium-Density Residential, Rural Residential/Agriculture, Open Space and ParksIPublic Recreation. 2. Permitted Uses: The following are uses permitted for this site: A) PD Medium Density Residential Intent: Medium Density land use designations are established to: a) reserve appropriately located areas for family living in a variety of types of dwellings at a reasonable range of population densities consistent with sound standards of public health and safety; b) preserve as many as possible of the desirable characteristics of the one-family residential district while permitting higher population densities; c) ensure adequate light, air, privacy and open space for each dwelling unit; d) minimize traffic congestion and avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the land around them; e) provide necessary space for off-street parking of automobiles and, where appropriate, for off-street loading of trucks; and f) protect residential properties from the hazards, noise and congestion created by commercial and industrial traffic. Intensity: 6.1 - 14.0 dwelling units per acre Permitted Uses, including but not limited to: Multi-family dwelling Single family dwelling Accessory structures and uses in accordance with Chapter 8.40, Accessory Structures and Uses, of the Dublin Zoning Ordinance Community Care Facility/Small (as defined by Chapter 8.08, Definitions, of the Dublin Zoning Ordinance) Home Occupation in accordance with Chapter 8.64, Home Occupation Regulations, of the Dublin Zoning Ordinance Private recreation facility including associated buildings, grounds and a pool Family Day Care Home/Small (as defined by Chapter 8.08, Definitions, of the Dublin Zoning Ordinance) Second residential unit, if built by initial homebuilder, in accordance with Chapter 8.80, Second Unit Regulations, of the Dublin Zoning Ordinance. Garage Sales/Yard Sales Outdoor museum open to the public Conditional Uses: Boarding house Large vehicle storage (appropriately screened) Parking lot - residential Accessory Uses: All Accessory Uses shall be in accordance with Section 8.40, Accessory Structures and Uses, of the Dublin Zoning Ordinance 4 Temporary Uses: Temporary construction trailer (in accordance with Chapter 8.108 of the Zoning Ordinance) Tract and sales office/model home complex (in accordance with Chapter 8.108 of the Zoning Ordinance) B) PD Rural Residential! Agriculture Intent: Rural Residential/Agriculture land use designations are established to: 1) accommodate agricultural activities and other open space uses; 2) protect sensitive areas; and 3) allow for maintenance of these areas. Permitted Uses, including but not limited to: Public or Private Infrastructure Livestock Grazing Trails Associated Trail improvements including but not limited to signage, fencing, parking and roads Accessory Uses: All Accessory Uses shall be in accordance with Section 8.40, Accessory Structures and Uses, ofthe Dublin Zoning Ordinance Temporary Uses: Temporary construction trailers (in accordance with Chapter 8.108 of the Zoning Ordinance) C) PD Parks/Public Recreation Intent: Parks/Public Recreation allows for an active or passive park. Permitted Uses, including but not limited to: Neighborhood Square F) PD Open Space/Stream Corridor Intent: Open Space land use designations are established to ensure the protection of those areas of special significance. Permitted Use, including but not limited to: Public or private infrastructure Trails and maintenance roads Other recreational or educational facility Trail staging area 5 Associated Trail improvements including but not limited to signage, fencing, parking and roads Water quality, drainage, and other similar facilities, including swales and basins Streams and drainage protection corridors Woodlands Conservation areas Wildlife habitat preservation 3. Dublin Zoning Ordinance - Applicable Requirements: Except as specifically modified by the provisions of this Planned Development District Prezoning/Development Plan, all applicable general requirements and procedures of the Dublin Zoning Ordinance shall be applied to the land uses designated in this Planned Development District Prezoning. 4. Development Standards: Specific Development Standards within the project will be established at the Stage 2 Development Plan to determine if the development meets the established criteria. 5. Phasing Plan. Casamira Valley/Moller Ranch will be developed as one phase. 6. Land Use Plan. Refer to Stage 1 Development Plan. 7. Landscaping Plan. Refer to Stage 1 Conceptual Landscaping Plan. 8. Inclusionary Zoning Ordinance. The City Council has adopted a policy stating its intent that new projects, including this project, will be subject to the Inclusionary Zoning Ordinance, as amended, which requires that 12.5% of the units be inclusionary units affordable to persons of very low, low, and moderate incomes. The standards also allow for a portion ofthe units to be provided through payment in-lieu of construction. Casamira Valley/Moller Ranch proposes to construct 60% ofthe required number of affordable units, or 23 units and pay an in-lieu fee for the remainder oftheir obligation. No agreements currently are in place which would satisfy the affordable housing requirements for either property. However, compliance would be required when each property develops, and an arrangement would be agreed upon prior to approval of the Tentative Tract Map and Site Development Review. 9. Development Concept. Casamira Valley/Moller Ranch is proposed to be a residential village of 298 single family attached and detached homes with trails, open space, pedestrian corridors, infrastructure, and landscaping. The Development concept for the area strives to preserve the natural environment and create a community that is compatible with the natural terrain by emphasizing: open space, hillsides and ridges, scenic corridors, and the environs of the Creek tributary on the site associated with sensitive habitat preservation. A more detailed site plan, specific development standards, and a Site Development Review with design criteria will be submitted with the Stage 2 Development Plan following annexation. Tassajara Road is identified by the City as scenic corridor with standards for preserving views of scenic ridgelines and knolls from the corridor. Steeper slopes and ridgelines on site are designated as open space. Grading ofthe site is proposed to take into consideration the hilly terrain. Wherever possible development would be contoured to hillsides in order to avoid excessive cuts and fills. To minimize visual impact, most of the residential development would be tucked behind the ridge line visible from Fallon Road. A trail system, which will be open to the public, will be located in the areas designated as Open 6 Space and Rural Residential/Agriculture. The trail system will connect to Tassajara Road. Cattle grazing will occur in the areas designated as Rural Residential/Agriculture. 9. Access & Circulation. Vehicular and pedestrian access to Casamira Valley/Moller Ranch will be from two entrances/exits on Tassajara Road. The Eastern Dublin Specific Plan plans for Tassajara Road eventually to be expanded to six lanes. Tassajara Road frontage improvements and intersection improvements at the crossing of these two streets would be complete with this project. 10. PD Zoning/Land Use Summary. The following table provides the acreage per land use designation. PD ZONING/LAND USE SUMMARY TABLE Gross Midpoint Density Number of units Land Use Acres Density Range proposed min - max PD Medium-Density 48.9 ac 9.82 dula 6.1- dula 298 du 298- du Residential c 14.0 c 684.6 PD Rural 132.7 ac 0.5 dula 1 dula 0 0-1 du Residential! Agriculture c c PD ParksIPublic Recreation 1.1 ac nla nla nla nla PD Open Space 32.7 ac nla nla nla nla Interior Roads 7.2 Ac nla nla nla nla Right-of-way 3.8 ac nla nla nla nla TOTAL 181. ac 298 du Residential 6 Non-Residential 44.8 nla nla 11. Tipper Property. Existing residential uses on the Tipper property as of the date of this Ordinance becomes effective are permitted to continue under this Stage I Development Plan. All improvements and uses on the property shall be in compliance with the Dublin Zoning Ordinance. Future residential development of the site shall require a separate Stage 1 Development Plan for the site and all other applications required by the Dublin Zoning Ordinance. Minor expansion of existing uses shall be subject to review and approval by the Director of Community Development. SECTION 4. EFFECTIVE DATE AND POSTING OF ORDINANCE This Ordinance shall take effect and be enforced thirty (30) days following its adoption. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED AND ADOPTED BY the City Council of the City of Dublin, on this _ day of ,2007, by the following votes: 7 AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor 8