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Home My WebLink About8.1 Attch 3- Reso CC Adopt Ordinance Appvg PD Rezone RESOLUTION NO. 08 - XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THE CITY COUNCIL ADOPT AN ORDlNANCE APPROVING A PD- PLANNED DEVELOPMENT REZONE WITH AN AMENDED STAGE 1 DEVELOPMENT PLAN AND A STAGE 2 DEVELOPMENT PLAN FOR THE 7-ACRE RESIDENTIAL PORTION OF THE ANDERSON PROPERlY (APN 905-0001-006) PA 07-037 WHEREAS, on July 17, 2007, the City Council initiated a General Plan Amendment (GPA) and Eastern Dublin Specific Plan Amendment Study to modify the land use designation from Medium Density to Medium-High Density for the 7-acre residential portion )f the Anderson property located at 3457 Croak Road. The Applicant, Jeff Lawrence on behalf of Braddock & Logan Services, submitted an application requesting approval of a General Plan Amendment, Eastern Dublin Specific Plan Amendment, PD-Planned Development Rezone with Amended Stage 1 Development Plan, and Stage 2 Development Plan, and Site Development Review to construct a 108-unit multi.family project on the site. These applications are collectively referred to as the project or proposed project; and WHEREAS, on December 20,2005, the City Council approved a PD rezone and related Stage 1 Development Plan for the Fallon Village project area, which includes the Anderson property and provided for 70 residential units on the project site (P A 04-040), Ordinance 32-05, incorporated herein by reference; and WHEREAS, PD Zoning districts are required to be consist<:nt with all elements of the General Plan and the Eastern Dublin Specific Plan; and WHEREAS, in accordance with the City of Dublin Zonng Ordinance (Chapter 8.120) the Planning Commission shall hold a public hearing and make a written recommendation to the City Council regarding Zoning Ordinance Amendments. Following the Planning Commission's recommendation, the City Council shall hold a public hearing and may approve, approve with modifications, or disapprove Zoning Ordinance Amendments; and WHEREAS, the project's current General Plan and Specific Plan land use designation of Medium Density Residential (6.1-14.0 du/ac) allows for a maximum of 98 w.identia1 units. The applicant wishes to construct 108 residential units requiring a General Plan and Specific Plan land use designation of Medium High Density Residential (14.1-25.0 du/ac). With approval of the requested land use changes, the proposed project will be consistent with the General and Speci fie Plan land use designations. By Resolution 08-_, dated February 12, 2008 and incorporatedlerein by reference, the Planning Commission recommended approval of the requested land use changes; and WHEREAS, the proposed 108 unit project exceeds the amount of development assumed in the prior Environmental Impact RepOIts (ErR) and established in prior approvals. Pursuant to CEQA Guidelines section 15162, an Initial Study was prepared by the City to determine whether there could be significant environmental impacts occurring as a result of this chan?;ed project beyond or different from those already addressed in the prior EIRs. Based on the Initial Study, the City prepared an Addendum to the prior EIRs. The Planning Commission reviewed the Addendun before taking action on the project Attachment 3 and adopted Resolution 08-_ dated February 12, 2008 and incorporated herein by reference recommending that the City Council adopt the CEQA Addendum; and WHEREAS, the City of Dublin Planning Commission ("PI2nning Commission") held a public hearing on said project on February 12, 2008; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Staff Report, dated February 12, 2008, was submitted, and incorporated herein by reference, recommending that the Planning Commission recommlmd approval of the General Plan Amendment and Eastern Dublin Specific Plan Amendment, the PD rezoning with related Stage 1 Development Plan Amendment and proposed Stage 2 Development Plan; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth, including an Addendum to and prior EIRs, and used its independent judgment to evaluate the project. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission, based on the findings in the attached draft Ordinance, recommends that the City Council approve the Ordinance attached as Exhibit A and incorporated herein by reference, which Ordinance approves a PD rezone including the following related amendments to the Stage 1 Development Plan and a proposed Stage 2 Development Plan for the Anderson property as described in the attached Ordinance: 1) A revised Stage 1 Site Plan with the Medium-High Dc:nsity zoning designation for the 7- acre residential portion of the Anderson property; and 2) A Stage 2 Development Plan for the 7-acre residential portion of the Anderson property with a Medium-High Density Residential land use designation. PASSED, APPROVED AN]) ADOPTED this lih day of February 2008 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commi 5sion Chair ATTEST: Community Development Director G:IP A#\2007\07-037 Anderson GPA SPA PO SDRIPlanning CommissionlPC Reso Anderson Stage 1 a ld 2 PD.DOC 2 ORDINANCE NO. XX-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ************* APPROVING A PD-PLANNED DEVELOPMENT REZONE WITH AMENDED STAGE 1 DEVELOPMENT PLAN ANn A STAGE 2 DEVELOPMENT PLAN FOR THE 7-ACRE RESIDENTIAL PORTION OF THE ANDERSON PROPERTY (APN 905-0001-006) PA 07-037 THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: Section 1. RECITALS A. By Ordinance No. 32-05 the City Council rezoned t:le approximately 1,134-acre Fallon Village project area, generally located north ofI-580 and east of Fallen Road to the Planned Development Zoning District (PA 04-044) and adopted a Stage 1 Development Plan for the entire project area which includes the 7-acre residential portion of the Anderson property (APN 905-0001-006). B. This Ordinance adopts an amendment to the Stage 1 Development Plan for the 7-acre residential portion of the Anderson property. C. This Ordinance adopts a Stage 2 Development Plan for the 7-acre residential site located on the Anderson property. Section 2. FINDINGS A. Pursuant to Section 8.32.070 ofthe Dublin Municipal Code, the City Council finds as follows: 1. The Planned Development (PD) Rezone with amended Stage 1 Development Plan, and Stage 2 Development Plan meets the purpose and intent of Chapter ,U2 of the Zoning Ordinance because: it provides a comprehensive development plan that is tailored to the residential land use proposed on the Project site and creates a desirable use of land that is sensitive to surrounding land uses by virtue of the layout and design, which is adjacent to Croak Road and the future Monterosso Avenue and is in close proximity to the 1-580 freeway. 2 The PD Rezone with amended Stage 1 Development Plan, and Stage 2 Development Plan will be hannonious and compatible with existing and future development in the surrounding areas because: 1) the land uses and site plan establish residential uses;~) the proposed Project is consistent with the type of high density development located in the Fallon Village Center; 3) the use will continue to promote an active, pedestrian oriented development in the Fallon Village Center; 4) the Project site has heen designed to reduce impac1s on the future adjacent residential developments; and 5) the Project site includes attrac:ive landscaping and site elements including a location for public art, street trees and light fixtures to create an attractive landscape palette for the site and create a pedestrian friendly environment on Croak Road and future Monterosso Avenue. B. Pursuant to Section 8.120.050.A and B of the Dublin Municipal Code, the City Council finds as follows: Exhibit A +0 Attachment 3 1. The PD Rezone with amended Stage 1 Development Plan, a~d Stage 2 Development Plan, will be harmonious and compatible with existing and future development in the surrounding areas because: 1) the land uses and site plan establish residen:ial uses; 2) the proposed Project is consistent with the type of high density development located in the Fallon Village Center; 3) the use will continue to promote an active, pedestrian oriented development in the Fallon Village Center; 4) the Project site has been designed to reduce impacts on the future adjacent residential developments; and 5) the Project site includes attractive landscaping and site elements including a location for public art, street trel~s and light fixtures to create an attractive landscape palette for the site and create a pedeslrian friendly environment on Croak Road and future Monterosso Avenue. 2. The Project site is physically suitable for the type and i,1tensity of the zoning district being proposed because: 1) the Project site will have a density of 15.4 units per acre which is consistent with the amended General Plan and Easte:n Dublin Specific Plan land use designation of Medium-High Density Residential which permits 25 units or more per acre; 2) the Project site was pn:viously developed as quarry, but is currently vacant; 4) the site accessible by Croak Road, an existing street that will be improved with the Project and the future Monterosso Avenue, which will be constructed with this Project and both streets are located adjacent to the Project and is therefore physicallf suitable for the type and intensity of the proposed Planned Development Zoning district. 3. The PD Rezone with amended Stage 1 Development Plan, Gild Stage 2 Development Plan 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 Project will comply with all applicable development regulations and standards and wi 11 implement all adopted mitigation measures. 4. The PD Rezoning, with amended Stage 1 Development Plan, is consistent with the Dublin General Plan and Eastern Dublin Specific Plan because. 1) the proposed 108 unit project is consistent with the General Plan Medium-High Density Residential uses and density; 2) the Project site is within convenient walking distance of the future Fallon Village Center; 3) the Project site is located in a less environmentally constrained area portion of the plan area; and 4) the Anderson development includes an attractive development with apartment buildings and landscaping which will promote visual interest of the site from the adjacent properties and the street and will promote a pedestrian friendly environment once the Project is complete. C. Pursuant to the California Environmental Quality Act (CEQA), the City Council adopted Resolution No. 222-05 certifying a Supplemental Environmental Impact Report (SEIR) (SCH #2005062010) to the Eastern Dublin EIR, a program EIR, initially certified by the City of Dublin in 1993 (SCH#91 103064) and the Eastern Dublin Property Owners SEIR (SCH # 2001052114) certified in 2002 by Resolution 40-02 for the Fallon Village project. The prior EIRs are available for review in the Community Development Department. On , 2008, the City Council approved Resolution _-08 adopting a CEQA Addendum for the projl~ct, which resolution is incorporated herein by reference. Section 3. ZONING MAP AMENDMENT Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municip.ll Code, the Dublin Zoning Map is amended to rezone the following property ("the Property") to a PD-Planned Development district: 7! net acres located in an area bounded by land designated Single-Family Residential (0.9-6.0 du/ac) to the north, the futun.:: Monterosso A venue and General Commercial/Campus Office to the south, land designated Medium Density Residential (6.1-14 du/ac) to the east, and Croak Road and land designated as Open Space to the west (APN 905-0001-0(6). \ \ I I I . I ( I 1 -\ "\ ~----n : ,'jl: \,c:' '-I 1.011' \, .// FALLON I Vll.LfKr:: \ -- 0-; '--. \ '-, i \, i '\ SUBJECT .)/SITE , I ; , i I ~o~ ~ c'?-~~~. ; j~'p"'~'t-/. 'II ! ~oi'\) . i . OU,IBR c!.ill"ON '" CBNTVJ., f' ARK'VAlT \ 1.580 ;;1 Section 4. ST AGE 1 DEVELOPMENT PLAN AMENDMENT The 7-acre residential portion of the Anderson property is subj'~ct to the Fallon Village Stage 1 Development Plan adopted by Ordinance 32-05. The Stage 1 Development Plan remains as approved by Ordinance 32-5, except as specified below. 1. Stage 1 Site 1)lan. The amended Stage 1 Site Plan incorporates the Medium-High Density land use designation in place of the Medium Density designation on the 7-acre residential portion of the Anderson property. ST AGE 1 SITE PLAN 2. Site Area, densities. As follows: Land Use AcreaJ!e Densitv Single Family Residential 403.6 acres 0-6.0 units/acre Medium Density Residential @A 53.1 acres 6.1-14.0 units/acre Medium-High Density Residential ~ 30.8 acres 14.1-25.0 units/acre Rural Residential/Agriculture 142.9 acres 1 uni t/1 00 acres Mixed Use 6.4 acres 0.3-1.00 FAR General Commercial 72.1 acres 0.20-0.60 FAR General Commercial/Campus Office 72.7 acres 0.20-0.80 FAR Industrial Park/Campus Office 61.3 acres 0.35 FAR Community Park 18.3 acres -- Neighborhood Park 23.6 acres -- Neighborhood Square 8.0 acres -- Open Space 211.2 acres -- Elementary School 21.1 -acres -- Semi Public 8.6 acres 0.50 FAR Section 5. STAGE 2 DEVELOPMENT PLAN The regulations for the use, development, improvement, and maintenance of the subject 7-acre residential portion of the Anderson property are set forth in the following Stage 2 Development Plan, which is hereby approved. Any amendments to the Stage 2 Development Plan shall be in accordance with Section 8.32.080 of the Dublin Municipal Code. 1. Statement of compatibility with Stage 1 Development Plan. The Stage 2 Development Plan is compatible with the amended Stage 1 Development Plan for the Anderson property in that the Project is a residential development as planned for in the Stage 1 Develop ment Plan. 2. Statement of uses. PD-Medium High Density Residential Intent. Medium-High Density land use designations are estahlished 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 saf~ty; b) preserve as many as possible of the desirable characteristics ofthe one-family residential district while permitting higher population densities; c) ensure adequate light, air, privacy, and open spaceur 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 nec{:ssary 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 comnercial and industrial traffic. Permitted Uses Accessory structures and uses in accordance with Section 8.40.030 of the Dublin Zoning Ordinance Animal Keeping - Residential Community Care Facility/small (permitted ifrequired by law, otherwise as conditional use) Home Occupations (per Chapter 8.64 of the Dublin Zoning Ordimnce) Leasing Office - for leasing on-site units only Multi-Family Dwelling Private Recreation Facility (for homeowners' association and/or telants use only) Single Family Residence Small Family Day Care Home Stormwater Facilities Similar and related uses as determined by the Community Development Director Conditional L'ses Bed and Breakfast Inn Boarding House Community Facility Community Care Facility/large Community Clubhouse Day Care center Large Family Day Care Home Parking Lot - residential Semi-Public Facilities Similar and related uses as determined by the Community DeveloJment Director Temporary Uses Please refer to Zoning Ordinance Chapter 8.108 for a list of pl~rmitted temporary uses and permit procedures. 3. Stage 2 Site Plan. Project Site 4. Site area, proposed densities. ~ Proposed Stage 2 PD Land Use Plan Land Use Designation Gross Net NW'lber of Gross Net Acres Acres Units Density Density Medium-High Density Residential 7.0 6.9 108 15.4 15.7 TOTAL 7.0 6.9 108 du 15.4 15.7 5. Development Regulations. Minimum Setbacks A B Building to Building 15' Building to Parking/Carport/Private Street/Driveway 10' Building to Public Street Right-of-Way 20' Maximum Lot Coverage 50% Minimum Common Usable Outdoor Space 100 sfper unil Maximum Building Height 45' and 3 ston es Parking Spaces Required Residential Units 1 covered space plus 1 uncovered space per unit Leasing Office 1 uncovered space per 250 sf of office space A. Encroachments shall be allowed to project up to three feet into building separations and must be at least 36" from property line (or comply with DBe standards, whichever is more restrictiv ~). See item B below. B. Encroachments include, but are not limited to: roof overhangs, eaves, architectural projections, fireplaces, log storage, media niches, balconies, bay windows, exterior stairs, window ledges second floor overhangs, decks, porches, trellises, and air conditioning equipment. Air conditioning units can no' be in highly visible areas unless no other option exists. All utilities including air conditioning units are to be screened from view via walls, enclosures, roof placement, landscaping, etc. 6. Architectural Standards. The architectural standards, concepts, and theme follows and enhances that established in the Fallon Village Stage 1 PD design guidelines and Braddock & Logan's P,)sitano at Fallon Village Stage 2 PD design guidelines. These sets of guidelines shall be considered in development of the project. These criteria are reflected in the site layout and design of the buildings. Fallon Village has been designed to be reminiscent of rural villages 0 f the Mediterranean. The design character for the Anderson Property builds upon this agrarian Mediterranean theme. 7. Preliminar Landscaping Plan. ;.. t',' ~ ~ '.'U tl>.Y' ;;.' "t_Ll,.jh,,"...1 ~,;--",,:,-. ,,"-.:l':'-,,:;-,,~,-,: ::.-,,,, ".~ - ,'.<;.,., ~..<,.." '-', ~:'?" t';!"ll<:'-":"': ---- \;",."R"""';)Y</,' ,ts:t,'<-" -3-,~,"'1."'; ",,_~l< ~;'_':<.l<( ;,,;1' ',"-"'-,."','\ .<-',;j "M'C:~_ ;.,k'<htj;',;b( ""!V>.:!;.;" ~_' _,>1- ':'-'( ..,.,~.,,' "..;,.<:.-,j;>,"; ",._ ""'>'~/'N,,"'_."A.,._.,<,..._,._,..... ^ ';'~-\.'I"d""f) ;"',:';l}, ~'-'~'!~J----t . OVfRAll lANOSCAP( PLAN ':=~:'::,w,tU ANOUUON "JlO'UtTV OU&l,.IN CAI. fORN1A IANU),~\' iMa Section 6. The use, development, improvement, and maintenmce of the Project area shall be governed by the provisions of the R-M, Multi-Family Residential Zoning District and of the Dublin Zoning Ordinance except as provided in the Stage 2 Development Plan. Section 7. EFFECTIVE DATE AND POSTING OF ORDINANCE This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause the Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 365133 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED BY the City Cour.cil of the City of Dublin, on this _th day of , 2008 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:\PA#\2007\07-037 Anderson GPA SPA PO SOR\City Council\CC Ordinance Stage 1 and 2.doc