HomeMy WebLinkAboutOrd 07-00 Rezo YarraORDINANCE NO. 7 - 00
AN ORDINANCE OF THE CITY OF DUBLIN
AMENDING THE ZONING MAP TO REZONE PROPERTY
LOCATED AT 5374 TASSAJARA ROAD (APN: 956-0002-002-02) TO
A PLANNED DEVELOPMENT ZONING DISTRICT AND
ADOPTING A STAGE 1 DEVELOPMENT PLAN FOR THE ENTIRE PROJECT AND
ADOPTING A STAGE 1 AND STAGE 2 DEVELOPMENT PLAN FOR PHASE 1 FOR THE
GREENBRIAR LAND COMPANY TASSAJARA CREEK (YARRA YARRA RANCH)
RESIDENTIAL DEVELOPMENT PROJECT (PA 98-062)
WHEREAS, Patrick Costanzo, Jr., on behalf ofMarjorie Koller and Carolyn Adams
(Applicant/Developer), has requested approval of a General Plan/Specific Plan Amendment, Planned
Development Rezone, Stage 1 Development Plan for the entire project, Stage 1 and Stage 2
Development Plan for Phase 1, (Exhibit A), a Vesting Tentative Map and a Site Development Review
to allow for the subdivision ora 64.35 acre parcel for a residential subdivision of 445 residential lots,
with public and private open space, and a regional trail along the Tassajara Creek stream corridor, in the
Eastern Dublin Specific Plan area; and
WHEREAS, the Applicant/Developer has submitted a Stage 1 Development Plan and a Stage 1
and Stage 2 Development Plan as required by Chapter 8.32 of Title 8 of the City of Dublin Municipal Code
which meets the requirements of said Chapter; and
WHEREAS, the site will be rezoned from the prezoning Planned Development (PA 94-030) to a
new Planned Development Zoning District; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA) the City has found,
that based on the Eastern Dublin Program EIR and the project MND, the project as proposed, conditioned
and mitigated will not have a significant environmental effect (Resolution 31 - 00); and
WHEREAS, the Planning Commission did hold a properly noticed public hearing on said
applications on February 22, 2000, and did adopt Resolution recommending that the City Council approve
the Planned Development Rezoning and a Stage 1 Development Plan for the entire development and a
Stage 1 and Stage 2 Development Plan for Phase 1 for PA 98-062; and
WHEREAS, a properly noticed public hearing was held by the City Council on March 7, 2000;
and
WHEREAS, the City Council continued the Planned Development Ordinance to March 21, 2000,
for a second reading; and
WHEREAS, the Staff Report was submitted recommending that the City Council approve the
application; and
WHEREAS, the City Council approved the related Mitigated Negative Declaration and Mitigation
Monitoring Program and General Plan Amendment/Specific Plan Amendment on March 7, 2000
(Resolutions 31 -00 and, 32 -00); and
WHEREAS, pursuant to section 8132.070 and 8.120.050 of the Dublin Municipal Code, the City
Council makes the following findings:
1. The proposed Planned Development Zoning District meets the intent and purpose of
Chapter 8.32 of the Zoning Ordinance because it provides a Stage 1 Development Plan for the entire
project and a Stage 1 and Stage 2 Development Plan for Phase 1, for the Greenbriar project that will create
a desirable use of land and an environment that will be harmonious and compatible with existing and
potential development in surrounding areas because the site plan has been designed to be compatible with
the proposed and approved plans in the vicinity, including the Tassajara Creek open space area and
regional trail and future residential homes approved to the east and south of the project. Adequate
setbacks and complementary architectural designs and landscaping proposed in the Stage 1 and Stage 2
Development Plan for Phase 1, have been specially designed to provide an attractive living environment.
2. The project site is physically suitable for type and intensity of this residential project in that
it is flat, has adequate access and is of a sufficient size to provide housing as well as open space for the
future residents of the project.
3. The proposed Planned Development Rezone, the Stage 1 Development Plan for the entire
project and the Stage 1 and Stage 2 Development Plan for Phase 1, will not adversely affect the health or
safety of persons residing or working in the vicinity, or be detrimental to the public health, safety or
welfare because the Stage 1 Development Plan for the entire project and the Stage 1 and Stage 2
Development Plan for Phase 1, have been designed in accordance with the City of Dublin General Plan,
Eastern Dublin Specific Plan and Program EIR and Addenda. Additionally, project specific analysis has
determined that the project's design is sensitive to biological features on site and to proposed surrounding
land uses.
4. The proposed Planned Development Rezone, the Stage 1 Development. Plan for the entire
project and the Stage 1 and Stage 2 Development Plan for Phase 1, are consistent with all elements and
policies of the Dublin General Plan and the Eastern Dublin Specific Plan because the project is within, and
consistent with, the density range of the Medium Density Residential designation of both the City of Dublin
General Plan Land Use Element and Eastern Dublin Specific Plan (as amended), and because it conforms
to the elements and policies of those plans through the provision of archaeological and historic protection,
erosion and siltation control policies, open space and wildlife habitat protection required by the Land Use,
Parks and Open Space and Conservation Elements, roadways consistent with the Circulation Element,
adequate public facilities as required by the Schools, Public Lands and Utilities Element, Housing as
desired by the Housing Element, and safe design as required by the Seismic Safety and Safety Element.
WltEREAS, the City Council did hear and use its independent judgment and consider all said
reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows:
SECTION 1.
Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code the City of Dublin Zoning
Map is amended to rezone the following property ("the Property") to a Planned Development Zoning
District:
Approximately 64.35 acres generally located on Yarra Yarra Ranch on the West side of
Tassajara Road, north of the Casterson development in the Eastern Dublin Specific Planning
area, more specifically described as Assessor's Parcel Number 986-0002-002-02.
A map of the Property is outlined below:
SECTION 2.
The regulations of the use, development, improvement, and maintenance of the Property are set
forth in the Stage 1 Development Plan for the entire project and the Stage 1 and Stage 2 Development Plan
for Phase 1, (Exhibit A) which are hereby approved. Any amendments to the Stage 1 Development Plan
for the entire project and the Stage 1 and Stage 2 Development Plan for Phase 1, shall be in accordance
with section 8.32.080 ofth:e Dublin Municipal Code or its successors.
SECTION 3.
Except as provided in the Stage 1 Development Plan for the entire project and the Stage 1 and
Stage 2 Development Plan for Phase 1, the use, development, improvement and maintenance of the
Property shall be governed by the provisions of the Dublin Zoning Ordinance.
SECTION 4.
This Ordinance shall take effect and be enforced thirty (30) days from and after the date of its
passage. 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.
3
PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin this 21st day of
March, 2000, by the following vote:
AYES:
Councilmembers Howard and Lockhart and Mayor Houston
NOES:
Councilmember McCormick
ABSENT: Councilmember Zika
ABSTAIN: None
ATTEST:
K2/G/3-2 l~00/ord-greenbriar, doc (Item 6.2)
g:XPA98062\Ord
STAGE 1 DEVELOPMENT PLAN AND
STAGE 1 AND STAGE 2 DEVELOPMENT PLAN
PLANNED DEVELOPMENT REZONE (PA 98-062)
GREEN-BRIAR LAND COMPANY TASSAJARA CREEK
Tract #7075
This is a Development Plan pursuant to Chapter 8.32 of the Dublin Ordinance for the Greenbriar
Land Company Tassajara Creek development located on Yarra Yarra Ranch on the west side of
Tassajara Road, north of the Casterson Development. The Development Plan consists of.'
1. A Stage I Development Plan for the entire development.
2. A Stage 1 and 2 Development Plan for Phase 1.
The Stage 1 Development Plan meets the requirements of Section 8.32.040.A of the Zoning
Ordinance and consists of the following:
2.
3.
4.
5~
6.
7.
8.
9.
10.
Statement of proposed uses.
Interim uses.
Stage 1 Site Plan.
Site area, proposed densities and phasing plan.
Master Neighborhood Landscaping Plan.
General Plan and Specific Plan consistency.
Inclusionary Zoning Regulations.
Aerial Photo.
Acknowledgement.
Ownership and maintenance of Regional Trail.
The Stage I and 2 Development Plan meets the requirements of Section 8.32.040.B of the
Zoning Ordinance and consists of the following:
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Statement of compatibility with the Stage 1 Development Plan.
Statement of proposed uses.
Stage 1 and 2 Site Plan.
Site area, proposed densities and phasing plan.
Development regulations.
Architectural standards.
Preliminary Landscaping Plan.
Dublin Zoning Ordinance - Applicable Requirements.
School Mitigation Agreement.
Creek improvements.
Compliance with PUD plans
EXHIBIT A
STAGE 1 DEVELOPMENT PLAN
1. Statement of proposed uses.
A. PD - Medium Density Residential
Permitted Uses:
Phases 1, 2, 4 and 5
a. Single-family dwellings.
Phase 3
a. Single-family dwellings.
b. Multi-family dwellings.
Conditional Uses:
Phases 1, 2, 4 and 5. As provided for in the regulations and procedures of
the R-1 Zoning District.
Phase 3. As determined by Stage 1 and 2 Development Plan at a later
date.
Accessory Uses:
Phases 1 - 5. As provided for in the regulations and procedures of the
Zoning Ordinance. ..
B. PD- Open Space
No land uses are permitted in open space parcels designated on the Site Plan and related
Tentative Map other than a private water well, a public trail, a maintenance road and any
maintenance activities necessary for the private water well, public trail, creek or
maintenance road. Two bridges may cross the creek but must span any areas designated
open space. Two outfalls may be constructed within the creek setback.
2. Interim uses.
Lot 129. The Interim Use for Lot 129, approximately 10 acres in the far northeastern coruer of
the subject property, shall consist of an equestrian center use including a large covered arena
with stalls, several barns, a single family residence, up to two accessory living units for ranch-
related workers no larger than 1,500 square feet in size, and several other structures such as
barns, sheds, and storage units. The future use for this 10-acre parcel shall be Medium Density
Residential with up to 79 units of density. Should the owner of this 1 O-acre equestrian facility
wish to develop the property in the future, a maximum of 79 units will be permitted on the
property.
Lot 131. Lot 131 is a two-acre parcel at the northwestern corner of the subject property. The
allowed use shall consist of a single family home with up to two accessory living units for ranch-
related workers no larger than 1,500 square feet in size. The accessory living units may only be
constructed by the original owner, Mrs. Marjorie Koller. If the accessory living units are not
constructed by Mrs. Marjorie Koller, they cannot be constructed by any subsequent owner. The
accessory living units may not be sold separately from the main dwelling unit on Lot 131.
Allowed use for this lot will also include accessory structures such as sheds and storage units as
regulated by the Zoning Ordinance. Should the owner of Lot 131 wish to develop this property
in the future, a maximum of one unit will be permitted on the property.
3. Stage 1 Site Plan.
The Stage 1 Site Plan consists of Sheet PUD 4 of 17 of the project plans dated received
September 2, 1999 (hereafter, project plans).
4. Site area, proposed densities and phasing plan.
PHASE NO. LOT/ ' ' MAXIMUM NO. OPEN ACRES DU's PD
PARCEL DWELLINGS SPACE /AC STAGE
PARCEL NO.
BY
PHASE
1 1-126, A 126 C 18.85 6.68 1 and 2
2 127 & 128 46 D, E 6.47 7.11
B,G,H
3 130, J,K 193 F 16.19 11.92 1
4 129, I 79 (+2 ACC. 10 7.9 1
i)u's)
5 131 1 (+2 ACC. DU'S) 2 .5 1
OPEN SPACE C 0 4.53 1 and 2
OPEN SPACE D, E, F 0 6.35 1
TOTAL 445 64.39 6.91
5. Master Neighborhood Landscaping Plan.
PUD Sheets 14 through 16 of 17 of the project plans constitute the Master Neighborhood
Landscaping Plan.
6. General Plan and Specific Plan consistency.
The proposed Stage 1 Development Plan is consistent with all elements and policies of the
Dublin General Plan and the Eastern Dublin Specific Plan. The project is within, and consistent
with, the density range of the Medium Density Residential designation of both the City of Dublin
General Plan Land Use Element and Eastern Dublin Specific Plan (as amended). The project
conforms to the elements and policies of those plans through the provision of~ A) Archaeological
and historic protection, erosion and siltation control policies, open space and wildlife habitat
protection required by the Land Use, Parks and Open Space and Conservation Elements. B)
Roadways that are consistent with the Circulation Element. C) Adequate public facilities as
required by the Schools, Public Lands and Utilities Element. D) Housing as desired by the
Housing Element. E) Safe design as required by the Seismic Safety and Safety Element.
7. Inclusionary Zoning Regulations.
In accordance with the Inclusionary Zoning Regulations, the Applicant shall be required to
provide 5% of all housing to be affordable to those of very Iow, low and moderate incomes or
pay an in-lieu fee in the amount and at the times set forth in City Council Resolution 57-97, or
other resolution revising the in-lieu fee provisions. The Applicant will not be building any
affordable units and has elected to comply with the Inclusionary Zoning Regulations by entering
into an Affordable Housing Agreement with the City and by paying in-lieu fees.
8. Aerial Photo.
The aerial photo is as shown on PUD Sheet 2 of 17 of the project plans.
9. Acknowledgement.
Prior to the sale of a dwelling unit within a phase, the Applicant/Developer shall obtain a written
acknowledgment (secured from the individual property owner) acknowledging the continuance
of construction activity within the unoccupied phases of the project. The written
acknowledgment shall include a statement that the property owner has reviewed and understands
the following:
1. Phased Occupancy Plan.
2. The proximity to the County Sheriff training facilities and associated noise from the bomb
detonation facility, firing ranges and emergency vehicle training.
3. Restrictions for parking on streets within the subdivision. No Parking areas, as established
with the improvement plans, towing, and other traffic safety regulations shall be described.
Additional parking restrictions (e.g.: red curb areas) may be applied in the future if traffic
safety or circulation problems arise.
4. Special standards for this development regarding yard setbacks for accessory structures.
5. The proximity of an equestrian facility and attendant odors and insects and other nuisances
typical of equestrian facilities.
Said acknowledgments are subject to City Attorney review and approval. Applicant/Developer
shall keep a copy of said written acknowledgment on file and shall submit the original signed
acknowledgment to the Department of Community Development wkhin three (3) days upon
request of the Director of Community Development. If Applicant/DevelOper fails to comply, the
Director of Community Development may require the submittal of the written acknowledgment
prior to release of occupancy of any future units and/or future phases.
10. Ownership and maintenance of Regional Trail.
The Regional Trail within this project shall be owned maintained for public purposes by a public
agency such as the City of Dublin, the East Bay Regional Park District, other public agency; or
the private Maintenance Association.
STAGE 1 and 2 DEVELOPMENT PLAN
1. Statement of compatibility with the Stage I Development Plan.
The Stage 1 and 2 Development Plan for the first phase of the development is consistent with the
Stage 1 Development Plan for the entire project.
Statement of proposed uses.
A. PD - Medium Density Residential
Permitted Uses:
1. Phase 1
a. Single-family dwellings.
Conditional Uses:
1. Phase 1
a. As provided for in the regulations and procedures of the R-1
Zoning District.
Accessory Uses:
1. Phases 1 - 5. As provided for in the regulations and procedures of the
Zoning Ordinance.
B. PD - Open Space
No land uses are permitted in open space parcels designated on the Site Plan and related
Tentative Map other than a private water well, a public trail, a maintenance road and any
maintenance activities necessary for the private water well, public trail, creek or
maintenance road. Two bridges may cross the creek but must span any areas designated
open space. Two outfalls may be constructed within the creek setback.
3. Stage 1 and 2 Site Plan.
The Stage 1 and 2 Site Plan consists of Sheet PUD 1 of 17 of the project plans.
4. Site area, proposed densities and phasing plan.
PHASE NO. LOT/ MAXIMUM NO. OPEN ACRES DU's PD
PARCEL DWELLINGS SPACE /AC STAGE
PARCEL NO.
BY
PHASE
1 1-126, A 126 C 18.85 6.68 1 and 2
2 127& 128 46 D,E 6.47 7.11 1
B,G,H
3 130, J,K 193 F 16.19 11.92 1
4 129, I 79 (+2 ACC. 10 7.9 1
DU'S)
5 131 1 (+2 ACC. DU'S) 2 .5 1
OPEN SPACE C 0 4.53 1 and 2
OPEN SPACE. D, E, F 0 6.35 1
TOTAL 445 64.39 6.91
5. Development regulations.
The Development Regulations for the Stage 1 and 2 Development Plan are as follows:
Single Family Cluster Homes
Lot Size: 2,800 square feet minimum
Front Yard: Front yard setbacks for detached residences should vary for
Setbacks: visual interest, where possible, along through-streets.
A. Front entry garages 5' minimum
B. Front porch 4' minimum to side yard property line
C. Front ofhouse 8' minimum
(All dimensions shall be from back of right-of-way line.)
Note: Sectional garage doors with automatic openers are required for all
residences.
Side Yard Setbacks: 5' minimum; 3' to garage*
* 3' landscape easement to be granted to adjacent lot
Side Yard Setback for Street Side Corner Lot:
entry garage with no parking on apron
8' minimum, 5' minimum to side
Building Separation: 10' minimum
Rear Yard Setbacks:Minimum: 15'
Accessory Structures: Accessory structure setbacks shall be as stated in the Dublin
Zoning Ordinance:
Building Height: 35' maximum, 2 stories
Architectural Projections: Eaves, fireplaces, niches, bay windows, cantilevered floor
area (balconies, second floor overhangs, etc.), porches, other architectural
projections and air conditioning equipment may project 3' into required side
yards, but never closer than 2' from the property line. There shall be a minimum
36" clear on one side yard.
Residential Massing:
Single story elements are encouraged to break up 2-story
massing. The maximum building height shall be 35 feet.
Parking/Garages:
Each unit shall be provided with a two-car garage with
minimum 19' x 19' clear area and one guest parking
space. Guest parking may be located on street or in
specifically designated guest parking areas.
Traditional Single Family Homes
Lot Dimensions: 50' x 79' minimum
Lot Size: 3,950 square feet minimum
Lot width: 50 feet minimum
Lot depth: 79 feet minimum
Front Yard: Front yard setbacks for detached residences should vary for
Setbacks: visual interest, where possible, along through-streets.
A. Front entry garages 18' minimum
B. Front porch 4' minimum to side yard property line
C. Front of house 10' minimum
(All dimensions shall be from back of right-of-way line.)
Note: Sectional garage doors with automatic openers are required for all
residences:
Side Yard Setbacks: 5' minimum
Side Yard Setback for Street Side Corner Lot: 10' minimum
Building Separation: 10' minimum
Rear Yard Setbacks:Minimum: 10'
Accessory Structures: Accessory structure setbacks shall be as state.,d in the Dublin
Zoning Ordinance.
Building Height: 35' maximum, 2 stories
Architectural Projections: Eaves, fireplaces, niches, bay windows, cantilevered floor
area (balconies, second floor overhangs, etc.), porches, other architectural
projections an.ct air conditioning equipment may project 3' into required side
yards, but never closer than 2' from the property line. One side yard shall not be
obstructed to less than 36 inches.
Residential Massing: Single story elements are encouraged to break up 2-story massing.
The maximum building height shall be 35 feet.
Parking/Garages: Each unit shall be provided with a two-car garage with minimum
19' x 19' clear area and two guest parking spaces. Guest parking may be
located on street or in specifically designated guest parking areas.
All Development Regulations in the Stage 1 and Stage 2 Developmem Plan are subject to the
requirements of the R-1 Zoning District unless otherwise specified above.
6. Architectural standards.
The architectural standards for the Stage 1 and 2 Development Plan are established by the
architectural drawings in the project plans received September 2, 1999.
7. Preliminary Landscaping Plan.. PUD Sheets 14through 16 of the project plans
constitute the Preliminary Landscaping Plan.
8. Dublin Zoning Ordinance - Applicable Requirements
Except as specifically modified by the provisions of this PD District Rezone, all applicable
general requirements and procedures of the Dublin Zoning Ordinance shall be applied to the land
uses designated in this PD District Rezone.
9. School Mitigation Agreement
Prior to the effective date-of any tentative map approval, the developer shall enter into a written
school mitigation agreement with the Dublin Unified School District. The mitigation agreement
shall establish the level of mitigation necessary, the amount of any school impact fees, the time
of payment of any such fees and shall address such similar matters to ensure that the impacts of
the project on schools are satisfactorily mitigated.
10. Creek Improvements
Creek improvements shall be completed as part of Phase 1 prior to the occupancy of any
dwelling units
11. Compliance with PUD Plans
The project shall substantially comply with the project plans and details shown in Exhibit A to
Attachment 3 except as modified herein. Such project plans are incorporated by reference. The
streetlight design shown on PUD Sheet 13 of 17 is not approved.
K2/G/3-21-00/grecnbriar-devpln.doc
G:pa98062/Dev¢lopment Plan Revised