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HomeMy WebLinkAboutPC Reso07-60 Fallon Vlg Stg1 Amndmt & Positano Stg 2 DP CUP RESOLUTION NO. 07 - 60 A RESOLUTION OF THE PLANNING COVlMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE I'ERMIT FOR A MINOR AMENDMENT TO THE PLANNED DEVELOPMENT ZONING DISTRICT STAGE 1 DEVELOPMENT PLAN FOR FALLON VILLAGE (J[>A 04-040) AND THE STAGE 2 DEVELOPMENT PLAN FOR POSITANO (PA 05-038) P A 07-049 WHEREAS, the Applicant, Braddock & Logan, has requested approval of a Conditional Use Permit for a Minor Amendment to the Stage 1 Development Plan for Fallon Village and the Stage 2 Development Plan for Positano to cbange the design of the Community Theme Wall as identified in the Fallon Village Design Guidelines; and WHEREAS, a complete application was submitted and is available and on file in the Department of Community Development; and WHEREAS, the Applicant has submitted project plans and exterior elevations received on September 12, 2007, for a Conditional Use Permit for a Minor Ammdment to the community walls as identified in the Fallon Village Design Guidelines; and WHEREAS, on December 13, 2005, the City Council adop1ed Ordinance No. 32-05 approving Planned Development (PD) Rezoning - Stage 1 Development Plan for the entire 1,134-acre Fallon Village (P A 04-040) and Ordinance 33-05 approving the Stage 2 Development Plan for the 488-acre Braddock & Logan properties (P A 05-038) now known as Positano; and WHEREAS, the Stage 1 and Stage 2 Development Plan Def;ign Guidelines establish an overall theme for development and design to create a cohesive community and to ensure consistency for development by the various property owners; and WHEREAS, in accordance with Chapter 8.32.080 of the Zoning Ordinance, the Planning Commission may approve a Minor Amendment of an adopted development plan for the Community Theme Wall by means of a Conditional Use Permit upon a finding that the amendment substantially complies with and does not materially change the provisions or intent of the adopted Planned Development Zoning Ordinance for the site; and WHEREAS, on December 6, 2005, the City Council adopted Resolution No. 222-05 regarding P A 04-040 and P A 05-038 certifying a Supplemental Environmmtal Impact Report (SEIR) (SCH #2005062010) to the Eastern Dublin EIR, and the Eastern Dublin Property Owners SEIR; and WHEREAS, the proposed project is within the scope of the prior Fallon Village EIRs and does not result in impacts that were not previously considered. Therefore no additional review is necessary; and WHEREAS, the Planning Commission did hold a publi ~ hearing on said application on November 27,2007, for this project; :md WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted recommending that the Planning Commission approve the Conditional Use Permit; and WHEREAS, the Planning Commission did hear and use independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. Conditional Use Permit: A. Pursuant to Chapter 8.32.080 of the Zoning Ordinance, the Minor Amendment to allow a redesign of the Community Theme Wall substantially cOf.'1plies with and does not materially change the provisions or intent of the adopted Planned Development Zoning Ordinance 32-05 (PA 04-040) or Planned Development Zoning Ordinance 33-05 (PA 05-038) because it will enhance the character ofthe project's land uses and related structures. B. The proposed change in design to the community wall is compatible with the surrounding uses because it is consistent with and will compliment the theme established by the Fallon Village Design Guidelines and will generally improve the residental quality ofthe subdivision. C. The proposed change will not adversely affect the heal.'h or safety of persons residing or working in the vicinity or be detrimental to the public he/11th, safety and welfare because the wall design conforms to the standards established for the project site as amended. D. The community wall redesign will not be injurious to property or improvements within the neighborhood because it conforms to the standards established in the Design Guidelines for the project area. E. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use and related structures would not be detrimental to the public health, safety, and welfare because the redesign c f the Community Theme Wall will not require additional public access or public utilities than those already identified and provided. F. The site is physically suitable for the provision of the wall as was determined in the previous Planned Development aporovals because the redesign of the Community Theme Wall would not create any changed circumstances. G. The proposed redesign will not be contrary to the specific intent clauses, development regulations or performance standards established for the Zoning District and the adopted Development Standards because the wall design is consistent, as amended, with the Fallon Design Guide. H. The redesign of the community wall is consistent with the Dublin General Plan and the Eastern Dublin Specific Plan because the project consiEts of a Minor Amendment and the General Plan and Specific Plan land use designations are r'~maining the same. 2 NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made part of this resolution. BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin does hereby approve the following amendments to 'the Fallon Village Stage 1 Development Plan (P A 04-040) and Positano Stage 2 Development Plan (P A 05-038). 1. Replace Page 22 of the Stage 1 Development Plan Design Guidelines for Fallon Village, which includes a picture of the proposed revised Community Theme Wall, with the revised page attached as Exhibit A and incorporated herein by reference, 2. Replace Page 92 of the Stage 1 Development Plan Design Guidelines for Fallon Village, which includes a picture of the proposed revised Community Theme Wall and the proposed stucco colors, with the revised page attached as Exhibit B and incorporated herein by reference. 3. Replace Page 60 of the Stage 2 Development Plan Desgn Guidelines for Positano, which includes a picture of the Community Theme Wall and the correct text that applies to the revised Community Theme Wall, with the revised page attlched as Exhibit C and incorporated herein by reference. BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin does hereby approve a Conditional Use Permit based on the above findings and subject to the conditions included below. Unless stated otherwise, all ConditIOns of Approval shall be coml>lied with prior to the issuance of building permits or establishment of use, and shall be subiect to Planning Department review and approval. The following codes represent those departments/agl~ncies responsible for monitoring compliance of the conditions of approval. rpL.l Planning, rBl Buildi:1g, rpO] Police, rpWl Public Works rADMl Administration/City Attorney, rFINl Finance, rFl Alamedl County Fire Department, rDSRl Dublin San Ramon Services District. rCOl Alameda County Department of Environmental Health, rZ71 Zone 7. CONDITION TEXT I RESPQN. WHEN SOURCE REQ'D AGENCY Prior to: GENERAL 1. Permitted uses. This Conditional Use Permit is PL On-going Planning for the redesign of the community wall as identified in the Fallon Village Guidelines, P A 07-049. The project shall generally conform to the project plans submitted by Braddock & Logan Services, Inc. received September 12, 2007, on file in the Community Development Department, and other plans, text, and diagrams relating to this Conditional Use Permit, unless modified by the Conditions of Approval contained herein. 2. Permit Expiration and Time Extension. PL One year from DMC Approved use shall commence or demonstrate date of approval 8.96.020.D substantial progress toward commencement andE 3 3. within one (1) year of CUP approval. Otherwise, the CUP shall lapse and become null and void, in which case a new application must be made and processed. The original approving decision-maker may grant a time extension for a period no longer than six (6) months given that the Applicant submits a written request for an extension of approval prior to expiration and that any Conditions of Approval remain adequate to assure that applicable findings of approval will continue to be met. Disputes over permit expiration and time extension requests may be publicly noticed and heard before the City Council. Fees. The Developer shall pay all applicable fees in effect at the time: of building permit issuance including, but not limited to, Planning fees, Building fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees, Public Works Traffic Impact fees, Fire Services fees; Noise Mitigation fees, Inc1usionary Housing In-Lieu fees; Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; and any other fees as noted In the Development Agreement. Revocation. The Conditional Use Permit and Site Development Review shall be revocable for cause in accordance with Dublin Zoning Ordinance Section 8.96.020.1, Revocation. Any violation of the terms of the terms and conditions of this permit may be subject to the issuance of a citation. Modifications (CUP). Modifications or minor PL changes to the Conditional Use Permit approval may be considered by the Community Development Director if the modifications or changes proposed comply with Section 8.100.080 of the Zoning Ordinance. PUBLIC WORKS Standard Public Works Conditions of PW Approval. Applicant/Developer shall comply with all applicable City of Dublin Public Works Standard Conditions of Approval. In the event of a conflict between the Public Works Standard Conditions of Approval and these Conditions, these Conditions shall prevail. Hold Harmless/Indemnification. The PW Developer shall defend, indemnify, and hold harmless the City of Dublin and its agents, officers, and employees from anv claim, action, B,PL, ADM,F PW 4. PL 5. 6. 7. 4 Issuance of Building Permit On-going Ongoing Prior to approval of Improvement Plans Through completion of Improvements Standard DMC 8.96.020.1 DMC 8.100.080 Public Works Public Works or proceeding against the City of Dublin or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Developmen': Director, Zoning Administrator, or any other department, committee, or agency of the City to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however, that The Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying The. Developer of any said claim, action, or proceeding and the City's fhll cooperation in the defense of such actions or proceedings. 8. Conditions of Approval. A copy of the PW Conditions of Approval which has been annotated how each condiTion is satisfied shall be included with the submittals to the Public Works Department for the reVIew of the improvements plans. The notations shall clearly indicate how all Conditions of Approval will be complied with, and where they are located on the plans. Submittals will not be accepted without the annotated conditions. 9. Construction Hours. Construction and PW grading operations shall be limited to weekdays (Monday through Friday) and non-City holidays between the hours of 8:00 a.m. and 5:30p.m. The Applicant/Developer may request permission to work on Saturdays and/or holidays between the hours of 8:30 am and 5:00 pm by submitting a request form to the City Engineer no later than 5:00 pm the pnor Wednesday. Overtime inspection rates will apply for all Saturday and/or holiday work. 10. Damage/Repairs. The Applicant/Developer PW shall be responsible for the repair of any damaged pavement, curb &. gutter, sidewalk, or other public street facility resulting from construction activities associated with the development of the project 11. Graffiti. The ApplicantlDeveloper and/or PW, PL building tenant(s) shall keep the site clear of graffiti vandalism on a regular and continuous basis. Graffiti resistant paint for the structures and film for windows or glass shall be used whenever possible. 12. Required Permits. An encroachment permit PW from the Public Works Department may be required for any work done within the public right-of-way. Developer sball obtain all permits 5 With each submittal of Improvement Plans During Construction Acceptance of improvements by City Council On-going Various Times and Prior to issuance of Building Permit Public Works Public Works Public Works Public Works Public Works required by other agencies including, but not limited to Alameda County Flood Control and Water Conservation District Zone 7, California Department of Fish and Game, Army Corps of Engineers, Regional Water Quali!y Control Board, Caltrans and provide copIes of the permits to the Public Works Department. PASSED, APPROVED AND ADOPTED this 27th day of November, 2007 by the following vote: AYES: NOES: Schaub, Wehrenberg, Biddle Tomlinson, King ABSENT: ABSTAIN: (w~ Plmning Commissioner Chair ATTEST: , ' , , ) ( ~)(hlc-' ~ PI~~aUager ~ ; , ./ J j, l/ G:IPA#12007\07-049 Fallon Village Community Wa/llFallon Community Wall-PCReso-CUP.doc 6