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Home My WebLink AboutPC Reso 85-033 PA85-038 Hatfiel RESOLUTION NO. 85-033 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 85-038 HATFIELD DEVELOPMENT CORPORATION/INVESTEC, INC., CONDITIONAL USE PERMIT APPLICATION AMENDING CONDITIONS OF APPROVAL ESTABLISHED UNDER ALAMEDA COUNTY APPLICATIONS FOR THE 1478TH ZONING UNIT AND TENTATIVE MAP 4859 AND THE RELATED EXTENSION PROCESSED UNDER DUBLIN APPLICATION PA 83-073 NIELSEN RANCH, WHICH COLLECTIVELY COVER THE 70+ ACRES INVOLVED WITH TENTATIVE SUBDIVISIONS 5072, 5073, AND 5074 AND LYING PARTIALLY WITHIN THE CITY OF DUBLIN AND PARTIALLY WITHIN THE UNINCORPORATED AREA OF ALAMEDA COUNTY WHEREAS, Larry Hatfield of Hatfield Development Corporation, requested approval of a Conditional Use Permit to allow a minor modification to the approved plan covering 70+ acres of PD District Lands (1478th Zoning Unit} being a portion of the Nielsen Ranch Subidivision (Tract 4859); and WHEREAS, the Conditional Use Permit application specifically requested modification of Condition 10(a) of the conditions established for the PD District Plan to allow grades on the Construction Grading Plan to be changed more than the established five-foot maximum from these shown on the preliminary grading plan and further requested modification of conditions established for Tract 4859 to modify Condition 30 as regards grading restrictions involving Lots 80, 81, 82 and 83 and modification of Condition 27 to have payment of fees (in lieu of parkland dedication) made to the City of Dublin rather than DSRSD; and WHEREAS, the adopted City of Dublin Zoning Ordinance allows modifications to an approved PD District Plan if the Planning Commission determines the modification(s) do not materially change the provisions of the PD District Plan and where approval of a Conditional Use Permit is secured; and WHEREAS, the Planning Commission did hold a public hearing on said project on July 1, 1985; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, this project has been reviewed in accordance with the provisions of the California Environmental Quality Act and has been found to be categorically exempt; and WHEREAS, the Planning Commission found that the Conditional Use Permit will not have a significant environmental impact; and WHEREAS, the Planning Commission found that the requested modifications are minor in nature and will not materially change the provisions of the 1478th Zoning Unit, the PD District Plan covering the subject property; and WHEREAS, the Staff Report was submitted recommending that the Conditional Use Permit request be conditionally approved; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth; and NOW THEREFORE, BE IT RESOLVED that th'e Dublin Planning Commission hereby finds; The proposed modifications to the existing PD District Plan and the Conditions for the Tentative Map and related extension, if conditionally approved, will be appropriate for the subject property in terms of allowing development of a residential project that will be compatible to existing and proposed land uses in the area and will not overburden public services; b) The proposed modifications to the PD District Plan and the conditions for the Tentative Map and related extensions will allow development of a precise grading plan that can more effectively reduce project cuts and fills, serve to preserve views, and generally serve to better meet the intent of the conditions of approval established for the PD District and Tentative ~ap applications covering the subject property; c) The proposed modifications will result in a residential project that will be properly related to other land uses, and transportation and service facilities in the vicinity, as the proposed modifications are comparatively minor in nature and coincide and compliment withthe overall residential development plan covering the site; The proposed modifications will not result in the development of a residential project which will materially adversely affect the health or safety or persons residing or working in the vicinity, or be materially detrimental to the public welfare or injurious to property.or improvements in the neighborhood; The proposed modifications will not be contrary to the specific intent clauses or performance standards established for the District in which it is to be located; The approval of the Conditional Use Permit will be consistent with the Dublin General Plan; BE IT FURTHER RESOLVED that the Planning Commission does hereby conditionally approve said Modifications to the PD District Plan (1478th Zoning Unit) and the Conditions for Tract 4859) and related extension (PA 83-073) as detailed by materials labelled Exhibit B and Attachment 1 and 6 of the July l, 1985, Staff Report prepared for this project and on file in the Dublin Planning Department, subject to the following conditions: Unless otherwise specified, the following conditions shall be complied with prior to issuance OT grading permits and/or %nn recoroatlon eT tne Final ~lap ceverlna the suDjec~ property. In any event, ali pertlnen~ conalc~ons snali be compl;eo wl~n pr~or to tlnal ~nspect~on. Each item lS Subject to review ano aoproval d) e) f) Except as specifically modified by the conditions listed below, development of the 89+ acre - 175 unit remainder of the ~ielsen Ranch Subdivision (Tentative Map 4859) shall conform to the Conditions of Approval outlined in Resolution No. 17-84 of the Dublin City Council and the General Provisions for the 1478th Zoning Unit approved by Alameda County on July 20, 1981. . Condition #l of Resolution No. 17-84 of the Dublin City Council is amended to read as follows; 1. "The design and improvements of Tract 4859 shall be in conformance with the design and improvements on the face of the map, labelled Exhibit A, B, and C, Tract 4859, as modified to generally conform with the Plot and Grading Plans for Tracts 5072, 5073, and 5074 prepared by Wilsey and Ham and labelled Exhibit B of City File PA 85-038 on file with the City of Dublin". Condition #27 of Resolution No. 17-84 of the Dublin City Council is amended to read as follows; 27. "Parkland dedication as required by the Subdivision Ordinance shall be made prior to recordation of the Final Map. The Dublin City Engineer shall calculate the parkland dedication based upon the Subdivision Ordinance. Payment of fees shall be made to the City of Dublin. Final calculations of the required park dedication fees shall be made prior to the approval of the Final Map." Condition #30 of Resolution No. 17-84 of the Dublin City Council is amended to read as follows; 30. "Grading shall be reduced as much as possible through the use of split level lots, custom lots, minor redesign, etc. Lot #168 shown on Tentative Map 4859 shall be eliminated." Condition #10 a. of the General Provisions for the 1478th Zoning. Unit is amended to read as follows; l0 a. "Grade: Grades on the construction grading plans shall generaily conform with the Plot and Grading Plans for Tracts 5072, 5073 and 5074 prepared by Wilsey and Ham and dated received by the Dublin Planning Department June 5, 1985 (Tracts 5072 and 5073) and June 18, 1985 (Tract 5074). July, 1985. PASSED, APPROVED AND ADOPTED this 1st day of AYES: 4 NOES: 0 ABSENT: Cm. Raley Pla,,~nlng Commission Chairman