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HomeMy WebLinkAboutAttachmt 6 Reso CC Appv PD Stg 1 DP for Vargas 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 V ARGAS LOCATED AT 7020 TASSAJARA ROAD (APN 986-0004-002-01) P A 06-030 WHEREAS, the Applicant, Sun Valley Land development Company, 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 Vargas property of 4.38 acres located at 7020 Tassajara Road (APN 986-0004-002-01), the Casamira Valley/Moller Ranch property of238.8 acres located at 6861 Tassajara Road (APN 985-0001-001), and the Tipper property of 12.5 acres located at 7440 Tassajara Road (APN 986-0004-001); and WHEREAS, the project site is bounded by the Tassajara Creek to the west, Tassajara Road to the east and is 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 on 4.38 acres known as the Vargas property for a residential project consisting of 33 detached homes; and WHEREAS, the annexation and prezoning request for the Vargas site is collectively referred to as the "Vargas Project"; and WHEREAS, the Vargas Project is within the General Plan Eastern Extended Planning Area and the Eastern Dublin Specific Plan, 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 91 I 03064). 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 WHEREAS, pursuant to CEQA and the CEQA Guidelines, the City as the Lead Agency prepared a Mitigated Negative Declaration for the Vargas Project entitled "Initial Study/Mitigated Negative Declaration for the Vargas Project" and circulated the Mitigated Negative Declaration 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 adopt the Mitigated Negative Declaration; and Attachment 6 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 AprillO, 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 Vargas Project will be harmonious and compatible with existing and potential development in surrounding areas because: 1) the General Plan and Eastern Dublin Specific Plan anticipated development of the site and the site has 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 allows for a maximum of 33 detached units to be constructed on the site with small backyards and provides a housing type not currently offered in the vicinity. B. The Vargas Project 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 33 units which will result in an overall density of 6.6 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. 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: 1) the General Plan and Eastern Dublin Specific 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 MediumlHigh-Density Residential land use designation to Medium-Density Residential on the Vargas property to decrease the density to allow the construction of up to 33 detached dwelling units. Pursuant to the Dublin Zoning Ordinance Section 8.32.070, the Planning Commission finds: 2 A. 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 in the vicinity as discussed above and as required by Section 8.32.010.B of the Dublin Zoning Ordinance; and 4) the proposed Stage 1 Development Plan focuses residential development away from the Tassajara Creek and the Tassajara Creek bank to protect sensitive areas and away from Tassajara Road as required by Sections 8.32.01O.E and 8.32.01O.G of the Zoning Ordinance. B. 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; and 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 southeast of the project site. BE IT FURTHER RESOLVED that the City of Dublin 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 Vargas Project (PA 06-030). PASSED, APPROVED, AND ADOPTED this 10th day of April 2007 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Planning Manager 3 ORDINANCE NO. 07- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ***************************************** PREZONING THE VARGAS PROJECT SITE TO THE PLANNED DEVELOPMENT DISTRICT AND APPROVING A RELATED STAGE 1 DEVELOPMENT PLAN P A 03-060 The City Council of the 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 Vargas Project will be harmonious and compatible with existing and potential development in surrounding areas because: 1) the General Plan and Eastern Dublin Specific Plan anticipated development of the site and the site has 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 allows for a maximum of 33 detached units to be constructed on the site with small backyards an provides a housing type not currently offered in the vicinity. 2. The Vargas Project 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 33 units which will result in an overall density of 6.6 units per acre which falls within the permitted density rang of6.1 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: 1) the General Plan and Eastern Dublin Specific 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 has requested approval of a General Plan Amendment to change the Medium/High- Density Residential land use designation to Medium-Density Residential on the Vargas property to decrease the density to allow the construction of up to 33 detached dwelling units. B. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as follows. I EXHIBIT A 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: I) 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 in the vicinity 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 away from the Tassajara Creek and the Tassajara Creek bank to protect sensitive areas and away from Tassajara Road as required by Sections 8.32.0l0.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: I) residential development is envisioned for the site and in surrounding areas within the City; and 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 southeast of the project site. B. Pursuant to the California Environmental Quality Act, the City Council adopted a Mitigated Negative Declaration, 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: 4.38 acres generally located west of Tassajara Road, north of the Fredrich property and east of the Wallis Ranch project site. (APN: 986-0004-002-01). A map ofthe prezoning area is shown below: 2 UN c::, ~ Q: ~ ~ ~ "i ~ GLEASON DRI'tf: a N ~ C> ~ ~~ G~ i;:j SECTION 3. APPROVAL 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 Vargas (P A 06-030) 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 Vargas project, PA 06-030. 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 February 15, 2007 ("Stage 1 Development Plan booklet"). The Stage I Development Plan booklet is incorporated herein by reference and is on file in the Dublin Community Development Department under file no. P A 06-030. 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 Vargas site as shown below. The General Plan land use designation for the site is Medium/Density Residential. 3 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: Detached dwelling units 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 SalesN ard Sales 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 Temporary Uses: Temporary construction trailer (in accordance with Chapter 8.108 ofthe Zoning Ordinance) 4 Tract and sales office/model home complex (in accordance with Chapter 8.108 of the Zoning Ordinance) 3. Dublin Zoning Ordinance - Applicable Requirements: Except as specifically modified by the provisions of this Planned Development District PrezoninglDevelopment 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. Vargas will be developed as one phase. 6. Land Use Plan. Refer to Exhibit C, Stage I Development Plan. 7. Landscaping Plan. Refer to Exhibit C, 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 of the units to be provided through payment in-lieu of construction. Vargas proposes to construct 2 affordable units, or 60% of the required number of affordable units and pay an in-lieu fee for the remainder of their 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. The Vargas project is proposed to be developed as a small residential community with small detached dwelling units, each with a small backyard. The internal roadways will follow the contours of the land. A small pedestrian trail will be located on the site adjacent to the Tassajara Creek bank and will connect to Tassajara Road. A maximum of 33 units will be permitted to be constructed on the site. 9. Access & Circulation. Vehicular and pedestrian access to the Vargas site will be from 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. 5 PD ZONING/LAND USE SUMMARY TABLE Gross Midpoint Density Number of units Land Use Acres Density Range proposed min - max PD Medium-Density Residential 5 ac 9.82 du/ac 6.1-14.0 du/ac 33 du 31-70 du TOTAL 5 ac 33 du Residential Non-Residential 0 n/a n/a 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: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 6