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HomeMy WebLinkAbout4.02 Anderson Property PD Rezone CITY CLERK File # D~~[QJ-~[Q] AGENDA STATEMENT CITY COUNCIL MEETING DATE: March 18,2008 SUBJECT: PA 07-037 Anderson: PD-Planned Development Rezone with Stage 1 Development Plan Amendment and Stage 2 Development Plan for the 7- acre residential portion of the Anderson property located at 3457 Croak Road. Report Prepared by Jeff Baker, Senior Planner ATTACHMENTS: 1) Ordinance 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 property. 2) City Council Staff Report date March 4,2008 without Attachments RECOMMENDATION:~aive the second reading and adopt the Ordinance approving a PD- _ J J \ 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 property. FINANCIAL STATEMENT: The Eastern Dublin Specific Plan anticipated residential development of the northern 7-acres of the Anderson property. The increase in the number of units associated with the proposed General Plan/Eastern Dublin Specific Plan Amendment to change the land use designation to Medium-High Density and allow I08-units would not have a fiscal impact as impacts are addressed through Impact Fees on a per unit basis. PROJECT DESCRIPTION: Background The 50.3+/- acre Anderson property is generally located north of Interstate 580 and east of Croak Road near the eastern City limits in Fallon Village and included within the Eastern Dublin Specific Plan (please refer to the map to the right). Access to the project site is provided via Croak Road and the Fallon Road interchange with 1-580. COPIES TO: Applicant Property Owner Page 1 of2 G:\P A#\2007\07 -037 Anderson GP A SPA PD SDR\City Council\ccsr 3.18.08 Anderson pd 2nd reading.doc '1-.2. ITEM NO. Braddock & Logan proposes to construct a I08-unit mixed income apartment project on the Anderson property. The Applicant requested approval of the following in order to permit this project: 1. GP A/SP A to change the land use designation of the 7-acre residential portion of the property to Medium-High Density (14.1-25 du/ac) in order to accommodate 108 units; and 2. Planned Development (PD) Rezone with Stage 1 Development Plan Amendment and Stage 2 Development Plan for the 7 -acre residential portion of the property; and 3. Site Development Review to construct a I08-unit apartment project and related improvements on the 7-acre project site. On February 12, 2008, the Planning Commission conducted a Public Hearing to review the requested entitlements. The Planning Commission recommended that the City Council approve the GP A/SP A and PD Rezone with amended Stage 1 Development Plan and Stage 2 Development Plan, and approved the Site Development Review subject to the City Council approval of the GPA/SPA and PD Rezone. At the March 4, 2008 City Council meeting, the City Council conducted a Public Hearing, waived the reading and introduced an Ordinance which would approve a Planned Development Rezone with an amended Stage 1 Development Plan and approve a Stage 2 Development Plan for the northern 7-acres of the Anderson property. The City Council also adopted a Resolution adopting a CEQA Addendum for the Project and a Resolution amending the General Plan and Eastern Dublin Specific Plan land use designation to Medium-High Density Residential to allow 108 units on the northern 7-acres of the Anderson property. The City Council voted unanimously in favor of the Project. The Staff Report from the March 4, 2008 City Council meeting is attached for additional information (Attachment 2). The City Council also discussed the Planning Commission recommendation to reduce the number of affordable units required to satisfy the Inclusionary Zoning Obligation for the Anderson property to 4 units. After discussing this item, the City Council directed Staff to work with the Applicant to prepare an Affordable Housing Agreement that includes the following units for the Anderson property as shown in Table 1 below: Table 1: Anderson Unit Mix Unit Type Number of Units Income level 50% Moderate Positano Affordable 78 units 20% low 30% Very low 50% Moderate Anderson Affordable 4 units 20% low 30% Very Low Market Rate 25 units -- Manager's Unit 1 unit -- Total 108 units RECOMMENDATION: Staff recommends that the City Council waive the second reading and adopt the Ordinance 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 property. Page 2 of2 I ~ \1 ORDINANCE NO. xx-os AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ************* APPROVING A PD-PLANNED DEVELOPMENT REZONE WITH AMENDED STAGE 1 DEVELOPMENT PLAN AND 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 the approximately 1, 134-acre Fallon Village project area, generally located north ofl-580 and east of Fallon Road to the Planned Development Zoning District (P A 04-044) and adopted a Stage 1 Development Plan for the entire project area which includes the 7-acre residential portion ofthe Anderson property (APN 905-0001-006). B. This Ordinance adopts an amendment to the Stage 1 Development Plan for the 7 -acre residential portion ofthe 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 8.32 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 harmonious and compatible with existing and future development in the surrounding areas because: 1) the land uses and site plan establish residential 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 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 A venue. B. Pursuant to Section 8.120.050.A and B of the Dublin Municipal Code, the City Council finds as follows: ~~~l-J\2 ~I'RI~ Ml,. ATT ACHMENT 1 if d~J7 1. The PD Rezone with amended Stage 1 Development Plan, and 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 residential 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 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. 2. The Project site is physically suitable for the type and intensity 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 Eastern Dublin Specific Plan land use designation of Medium-High Density Residential which permits 25 units or more per acre; 2) the Project site was previously 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 physically suitable for the type and intensity of the proposed Planned Development Zoning district. 3. The PD Rezone with amended Stage 1 Development Plan, and 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 will 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#91103064) 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 March 4, 2008, the City Council approved Resolution _-08 adopting a CEQA Addendum for the project, which resolution is incorporated herein by reference. Section 3. ZONING MAP AMENDMENT Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code, the Dublin Zoning Map is amended to rezone the following property ("the Property") to a PD-Planned Development district: 3~/l 7i.. net acres located in an area bounded by land designated Single-Family Residential (0.9-6.0 du/ac) to the north, the future 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 905-000l-006). 'r \ \ \ I \ sUBJECT . SITE CENTF..AL ,,- PARKWAY ,.\0, <-to'-<J,. . c.."'i!' "'.... i,~:.,~Y- ~f'\l'>~ ON "/,-0 Section 4. STAGE 1 DEVELOPMENT PLAN AMENDMENT The 7-acre residential portion of the Anderson property is subject 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 Plan. 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. STAGE 1 SITE PLAN If r;;( r 1 2. Site Area, densities. As follows: Land Use Acreage Density Single Family Residential 403.6 acres 0-6.0 units/acre Medium Density Residential @.:.l 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 unit/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 Development Plan. 2. Statement of uses. PD-Medium High Density Residential Intent. Medium-High 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. 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 if required by law, otherwise as conditional use) Home Occupations (per Chapter 8.64 of the Dublin Zoning Ordinance) Leasing Office - for leasing on-site units only Multi-Family Dwelling Private Recreation Facility (for homeowners' association and/or tenants use only) 5111 Single Family Residence Small Family Day Care Home Stormwater Facilities Similar and related uses as determined by the Community Development Director Conditional Uses 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 Development Director Temporary Uses Please refer to Zoning Ordinance Chapter 8.108 for a list of permitted 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 Number 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 o oJ11 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 Covera2e 50% Minimum Common Usable Outdoor Space 100 sf per unit Maximum Buildin2 Hei2ht 45' and 3 stories Parkin2 Spaces Required Residential Units I covered space plus I 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 UBC standards, whichever is more restrictive). 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 not 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 Positano 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 ofthe buildings. Fallon Village has been designed to be reminiscent of rural villages of the Mediterranean. The design character for the Anderson Property builds upon this agrarian Mediterranean theme. 7. Prelimina ~/y-l~! r'*-~ Tt.;~ \'!:t.1;.;tt:-PWfu'l j,K~"'M1 '\'~: U4~ ~ht<lf)-~ M'<<:I '(>~~~~1j"#t "'>!'I %{,<ttj $lA;<:;~~>.N; T~WJ Va\11~B\r;i/..Vri-.,:tk ~ , it p><, ;0: -.r-~ I . ~',n'f AWO(AsON Il'AQf'r$t-r-y OUIHHl CAt fOiHl A OVERAll lANOS<::Arf PLAN '''1IIJ~0>; '~"Jl ,A~"t)Ailt1' .(W~ "1 't 11 Section 6. The use, development, improvement, and maintenance 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 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED BY the City Council of the City of Dublin, on this 18th day of March, 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 SUBJECT: A TT ACHMENTS: COPIES TO: 8.~J1 CITY CLERK File # D~[Q][Q]-~~ If 2..0 -30 If 10""55'" 1-/5"'0'" 30 AGENDA STATEMENT CITY COUNCIL MEETING DATE: March 4, 2008 P A 07-037 Anderson: CEQA Addendum, General Plan Amendment, Eastern Dublin Specific Plan Amendment, PD~Planned Development Rezone with Stage I Development Plan Amendment and Stage 2 Development Plan for the 7-acre residential portion of the Anderson property located at 3457 Croak Road. Report Prepared by Jeff Baker, Senior Planner 1) Resolution adopting a CEQA Addendum to the 1993 Final Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan, the 2002 East Dublin Property Owners Supplemental Environmental Impact Report, and the 2005 Fallon Village Supplemental Environmental Impact Report and adopting related statements of overriding considerations. 2) Resolution approving a General Plan/Eastern Dublin Specific Plan Amendment to change the General Plan and Eastern Dublin Specific Plan land use designation for the 7-acre residential portion of the Anderson property to Medium~High Density Residential. 3) Ordinance 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 property. 4) City Council Staff Report date July 17,2007 without Attachments 5) City Council Meeting Minutes from July 17,2007 6) Site Development Review project plans. 7.) Planning Commission Staff Report dated February 12,2008 without Attachments 8) Planning Commission Meeting Minutes from February 12,2008 9) Planning Commission Resolution recommending the City Council adopt aCEQA Addendum to the 1993 Final Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan, the 2002 East Dublin Property Owners Supplemental Environmental Impact Report, and the 2005 Fallon Village Supplemental Environmental Impact Report for the Anderson Residential project without Exhibits. Applicant Property Owner Page 1 of 10 G:\PA#\2007\07-037 Anderson GPA SPA PO SOR\City Council\ccsr 3.4.08 Anderson gpa spa pd.doc ATT":"l.CHMENT 2 RECOMMENDATION:/]. k ~ty2) 3) N/ 4) \.){ 5) FINANCIAL STATEMENT: q~t1 10) Planning Commission Resolution recommending the City Council approve a General Plan/Eastern Dublin Specific Plan Amendment for the 7-acre. residential portion of the Anderson property to Medium-High Density Residential (14.1-25 du/acre) without Exhibits. Planning Commission Resolution recommending the City Council adopt an Ordinance approving a PD-Planned Development Rezone with an amended Stage I Development Plan and a Stage 2. Development Plan for the 7-acre residential portion of the Anderson property without Exhibits. II) 6) Open the public hearing; Receive Staff presentation; Take testimony from the Applicant and the public; Close public hearing and deliberate; Adopt the following Resolutions: a) Resolution adopting a CEQA Addendum to the 1993 Final Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific {>>lan, the 2002 East Dublin Property Owners Supplemental Environmental Impact Report, and the 2005 Fallon Village Supplemental Environmental Impact Report and adopting related statements of overriding considerations; and b) Resolution approving a General Plan/Eastern Dublin Specific Plan Amendment to change the General Plan and Eastern Dublin Specific Plan land use designation for the 7-acre residential portion of the Anderson property to Medium~High Density Residential; and Waive the first reading and introduce the Ordinance 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 property; and Provide Staff with direction regarding the Affordable Housing Agreement and the number of affordable units that should be included on the Anderson property. 7) The Eastern Dublin Specific Plan anticipated residential development of the Anderson property. The increase in the number of units associated with the proposed General Plan/Eastern Dublin Specific Plan Amendment to change the land use designation to Medium-High Density and allow lOS-units would not have a fiscal impact as impacts are addressed through Impact Fees on a per unit basis. Page 2 of 10 PROJECT DESCRIPTION: )0 ~11 \ j -'" . ...-----, l ~'II . f. --. .--1 . St16JE~r /'.,['..!.\. . .... . --- \ ./ .~, J'~"LI.(.I.v ./,' "". SITE ___ ' :c ./ .j "i~ ",.,'LI(( /.0"/' I "J' ~I ,~__L \ 8~ - m.~"': l. -",<" a" \\,\ '1' I ~...,- ~ -:.""~. '"" _-3~"" . I ....~t-."-"~ ___1 '~~.-::'" . . 'l:,'f'.....-' ~ :x - r ~, :\\" . ...~" . ~ ,~_~'t \.. '. _. . ' _. ':(!:II.lH., .\:. '.It' · Background The 50.3+/- acre Anderson property is generally located north of Interstate 580 and east of Croak Road near the eastern City limits in Fallon Village and included within the Eastern Dublin Specific Plan (please refer to Map 1 to the right). Access to the project site is provided via Croak Road and the Fallon Road interchange with 1-580. Please refer to Table 1 for a description of the surrounding uses. ~L 1.~lCll MaD 1: Anderson Vicinity MaD Table 1: Surrounding Land Uses ~OCATION ZONING GENERAL PLAN CURRENT USE OF LAND USE PROPERTY Project Site Planned Development (PD) Medium Density Residential Vacant North PD Low Density Residential Vacant South -- -- . 1-580 East PD Medium Density Residential Vacant West PO Open Space Vacant The project site contains hillside terrain, with steeper slopes located in the northeasterly portion of the site and are primarily covered with grasslands with stands of trees in the southern portion of the property. The elevation of the site ranges from 375-feet to 515-feet above sea level. A former quarry is located on the northern 7-acre residential portion of the project site and an older single-family dwelling and several associated outbuildings exist on the southerly portion ofthe property. The Anderson property is currently vacant and includes a closed quarry that will be filled on the northern 7-acre residential portion of the site. The older single-family dwelling and associated outbuildings on the southern portion of the site would be demolished as part of the project. However, there is no development proposed on the southern 43 acres of the overall site at this time. Prior Planning Approvals In December 2005, a General Plan Amendment, Eastern Dublin Specific Plan Amendment (Resolution. No. 223-05), and Stage 1 Planned Development Rezone (Ordinance No. 32-05) were adopted by the City Council for all of Fallon Village which includes the Anderson property. The following General Plan and Specific Plan land use designations were adopted at that time for the Anderson property: Table 2: Existin General Plan/Eastern Dublin S Land Use Desi nation Medium Densit General Commercial/Cam us Office o en S ace Total ecific Plan Land Use Designations Acrea e 7 ac 34.2 ac 9.1 ac 50.3 ac Page 3 of 10 Positano Affordable Housing Obligation Braddock & Logan's Positano development is located east of Fallon Road within the northern portion of Fallon Village (please refer to Map 2 to the right) and consists of 1,043 single- family detached residential units. Braddock & Logan prepared an Affordable Housing Proposal to address the affordable housing obligation for the Positano development. The Affordable Housing Proposal was presented to the City' Council on October 18, 2005 and included construction of 88 affordable apartments on the 7-acre Anderson property to satisfy a portion of the affordable housing obligation for the Positano development. The City Council reviewed the proposal and directed Staff to work with the Applicant to integrate market-rate units as a part of the proposed 88 affordable units on the Anderson property. II ~ 11 ~"l#~~'-'~/'_.- ~~~~#~ ~. ... .- -.-.-'- "" ....~;ll'V.\ MN ~r~' ~r ~\~ " PLE~SA.vTON Map 2: Positano Vicinity Map As a result, Braddock & Logan proposed a lOS-unit project on the Anderson property to address the direction by the City Council to construct a mixed-income project. The 108-unit project would consist of the following: · 78 affordable units to satisfy a portion of the Inclusionary Zoning obligation for Positano; and · 10 affordable units to satisfy the [nclusionary Zoning obligation for the Anderson property; and · 19 market rate units; and · I manager's unit The proposed project (l08 units) exceeds the maximum density permitted for the existing Medium Density (6.1-14 du/ac) land use designation. Therefore, in July 2007, City Council initiated a General Plan Amendment (GP A) and EDSP Amendment (SPA) Study for changing the residential land use designation to Medium-High Density (14.1-25 du/ac) on the residential portion of the Anderson property (Attachment 4 and 5). Current Request The Applicant is currently requesting approval of the following: 1. GP A/SP A to change the land use designation of the 7 -acre residential portion of the property to Medium-High Density (14.1-25 du/ac); and 2. Planned Development (PO) Rezone with Stage 1 Development Plan Amendment and Stage 2 Development Plan for the 7-acre residential portion of the property. On February 12, 2008, the Planning Commission held a Public Hearing to review the requested entitlements. The Planning Commission recommended that the City Council approve the GPA/SPA and PD Rezone with amended Stage 1 Development Plan and Stage 2 Development Plan (Attachment 8). In addition, the Applicant requested approval of a Site Development Review (SDR) permit to grade the overall 50.3+/- acre Anderson property and to construct a I08-unit apartment project and related site improvements on the 7 -acre residential portion of the property. The Planning Commission approved the SDR subject to the City Council adopting the associated GP A/SP A and PO Rezone. Please see below for a discussion of the Planning Commission action. Page 4 of 10 to( ~ /7 ANAL YSIS: General Plan and Specific Plan Amendment Braddock & Logan's Affordable Housing Proposal includes 88 affordable units on the Anderson property. As previously discussed, the City Council directed Staff to work with the Applicant to create a mixed-income project that integrates market rate units into this proposed affordable project. Braddock & Logan is currently proposing to construct a lOS-unit apartment project in order to address the Council's direction to create a mixed-income project. However, the residential portion of the Anderson property has an existing Medium Density (6.1-14 du/ac) land use designation which pennits a maximum of 98 residential units (please refer below to Table 3). Braddock & Logan is currently requesting a GPA/SPA to change the land use designation for the residential site to Medium-High Density (14.1-25 du/ac) in order to accommodate the proposed lOS-unit mixed income project. The residential portion of the Anderson property is located to the east of the Fallon Village Center which serves as the social and economic hub for Fallon Village (the Fallon Village Center is outline in blue on Map 3). The overall Fallon Village project area includes a variety of residential land use designations with higher residential densities focused primarily around the Fallon Village Center in order to activate the Village Center and promote a pedestrian oriented development At the hub of the Fallon Village Center is a Neighborhood Square that is surrounded by a land use designation of Mixed Use,_ which includes ground floor retail and residential units above, and Medium- High Density residential units. The proximity of the Anderson property to the Village Center, and the proposed density of development, will further promote the pedestrian orientation of the Village Center. The Anderson property will continue to provide a transition of land uses from the more intense Village Center to the less intense uses surrounding the Village Center. Min-Max Density 42-98 units 99-1 75 units ... Map 3: Fallon Village Center The proposed General Plan/Eastern Dublin Specific Plan Amendment is included as Attachment 2 to this Staff Report. The proposed GP AlSP A would change the land use designation to Medium-High Density Residential (14.l-25 du/acre). Page 5 of 10 Planned Development Rezone Stage 1 Development Plan Amendment As stated above in the Background section, the project area was the subject of the Fallon Village Stage 1 Development Plan. The Stage 1 Development Plan implements the General Plan and EDSP policies. Therefore, it is necessary to amend the Stage 1 Development Plan in order to ensure consistency with the proposed GPA/SPA. The proposed Stage 1 Development Plan Amendment would change the land use of the 7 -acre residential portion of the Anderson property from Medium Density (6.1-14.0 du/ac) to Medium-High Density (14.1-25 du/ac) with an associated change to the site plan and densities as shown in ~lap 4 to the right. The proposed Stage I Development Plan Amendment is included as Attachment 3 of this Staff Report. 13o,fll Map 4: Stage 1 Site Plan Stage 2 Development Plan The proposed Stage 2 Development Plan has been prepared in accordance with Section 8.32 of the Zoning Ordinance and applies to the northerly 7-acre residential portion of the Anderson property. The proposed Stage 2 Development Plan (Attachment 3) includes: 1) statement of compatibility with Stage 1 Development Plan; 2) statement of proposed uses; 3) Stage 2 site plan; 4) site area and proposed densities; 5) development regulations; 6) architectural standards; and 7) preliminary landscaping plan. As stated above, the project site area that is subject to the Stage 2 Development Plan is the northerly 7- acre residential site. The proposed density of the site is Medium-High Density which is consistent with the proposed GP A/SP A and Amended Stage 1 Development Plan. The proposed site area and densities shown in Table 4 below are included as part of the proposed Stage 2 PD Ordinance. Table 4: Pro osed Land Use Proposed Stage 2 PD Land Use Plan Net Numb Gross Acres 0 . Uni s Density 6.9 108 du 15.4 6.9 108 du 15.4 Land Use Designation ss es Medium-High Density Residential Total 7.0 7.0 Net Dens i 15.7 15.7 Residential site development standards generally include: minimum lot standards, setbacks, separation requirements between residential buildings, maximum lot coverage, and usable yard requirements. Residential Site Development Standards have been proposed for the multi-family residential development on the Anderson property. The standards in Table 5 below and associated notes have been prepared and are included as part of the proposed Stage 2 PD Zoning Ordinance for this project which is included in Attachment 3. Page 6 of 10 /41 J1 Table 5: Development Regulations 15' to' 20' 50% ace 100 sf er unit 45' and 3 stories 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 UBC standards, whichever is more restrictive). 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 cannot 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. The proposed project meets the parking requirements established in the City of Dublin Zoning Ordinance (Chapter 8.76.0S0.B). The parking standard for a multi-family apartment is a minimum of one covered space plus one unreserved/guest space per unit. Each unit within the proposed project is provided one covered space and one unreserved/guest space as required by the parking standards. The development standards referenced herein would become part of the Stage 2 Development Plan. Should this Applicant or any future Applicant propose modifications to these standards, a revised Stage 2 Planned Development would be required. A draft Resolution is included in Attachment 3 recommending the City Council approve an Amendment to the Stage 1 Development Plan and a Stage 2 Development Plan for the development of the 7-acre Anderson site for the development of 108 residential units. Planning Commission Action On February 12, 2008, the Planning Commission held a Public Hearing to review the requested entitlements including the OPA/SPA, PO Rezone with amended Stage 1 Development Plan and Stage 2 Development Plan, and Site Development Review Permit. The SDR contemplated construction of a lO8-unit apartment project on the northern 7-acre portion of the Anderson property (Attachment 6). The proposed project includes 11 apartment buildings each with 9- 12 units per building. All units will be 2 bedroom/2 bathroom units consistent with the Applicant's Affordable Housing Proposal. The project will also include a community building with leasing office, general community room, fitness area, and related site improvements including a swimming pool, BBQ and picnic area, and play area with play structure. The project will include a total of 219 parking spaces including 1 covered reserved space and 1 uncovered unreserved space per unit. The Applicant also proposes grading the overall 50.3+/- acre property which includes the northern 7-acre residential site. Please refer to the Planning Commission Staff Report (Attachment 7) for a complete discussion of the SDR. Page 7 of 10 /5~ /7 The Planning Commission had extensive discussion regarding the appearance of the proposed project and in particular the use of enhanced materials (Please refer to the Planning Commission Minutes included as Attachment 8). Much of this discussion was focused on the proposed application of the stone veneer at the base of the buildings. The Planning Commission considered focusing the stone material higher on the building to achieve greater visual impact from the project frontage. However, the Planning Commission ultimately decided not to alter the proposed application of the stone material at the base of the buildings. In addition, the Planning Commission discussed the need for a larger lawn area adjacent to the Community Building. The Planning Commission also discussed the Applicant's Affordable Housing Proposal and the affordable requirement for the Anderson property. As previously discussed, the Applicant's Affordable Housing Proposal includes 78 affordable units to satisfy a portion of the affordable housing obligation for the Positano development and 10 affordable units to satisfy the affordable housing obligation for the Anderson property (78 units x 12.5% = 10 units). The Planning Commission recommends that the City Council modify the Applicant's proposal. The Planning Commission recommends that the Applicant provide 4 affordable units to satisfy the affordable obligation for the Anderson property (please see Table 6 below) and further increase the mix of market rate and affordable units. Table 6: Affordable Housing Proposal Applicant's Affordable Housing Planning Commission ProJ osal Recommendation Unit Type Number of Units Income Level Number of Units Income Level 50% Moderate 50% Moderate Positano Affordable Obligation 78 units 20% Low 78 units 20% Low 30% Very Low 30% Very Low 50% Moderate 50% Moderate Anderson Affordable Obligation 10 units 20% Low 4 units 20% Low 30% Very Low 30% Very Low Market Rate 19 units -- 25 units -- Manager's Unit 1 unit -- 1 unit - Total 108 units .- 108 units - The Planning Commission's recommendation would eliminate 6 affordable units and further increase the mix of market rate and affordable units within the project. The proposed change in the number of affordable units would not impact the Applicant's Affordable Housing Proposal for the Positano development. As part of this action, Staff is requesting that the City Council provide Staff with direction regarding the proposed reduction of 6 affordable units on the Anderson property and the preparation of the Affordable Housing Agreement. Following this discussion, the Planning Commission adopted Resolutions recommending that the City Council adopt the CEQA Addendum, approve the GP NSP A, and adopt an Ordinance approving the PD Rezone. The Planning Commission also recommended that the City Council consider a modification to the affordable housing requirement for the Anderson property in order to achieve a greater mix of market rate and affordable units. The Planning Commission also adopted a Resolution approving the SDR with a condition (Condition 17) that requires the following changes to the exterior of the buildings: 1) replace the shingle siding on all buildings with board and batten siding as requested by the Applicant; 2) extend the eaves on an buildings to a minimum of 24"; 3) replace the stone cap on the balconies on the rear elevations with a wood cap; and 4) shift the Community Building to the south and increase the lawn area Page 8 of lO {G ;r /1 to the north of the Community Building. The Planning Commission approval of the SDR is subject City Council approval of the CEQA Addendum, GPA/SPA and PO Rezone. Development Agreement In accordance with the Eastern Dublin Specific Plan (Section 11.3.1), the Applicant shall enter into a Development Agreement with the City. Staff is currently working with the Applicant to prepare this Development Agreement for the Anderson property. The Development Agreement will be brought forward to the Planning Commission for a recommendation to the City Council once the draft Agreement has been prepared. Affordable Housing Agreement As previously discussed, the Applicant's Affordable Housing Proposal includes 78 affordable units to satisfy a portion of the affordable obligation for the Positano development, 10 affordable units to satisfy the affordable obligation for the Anderson property, 19 market rate units and 1 manager's unit. Staff is currently working with the Applicant to prepare an Affordable Housing Agreement (AHA) for ,the Anderson project based on the direction from the City Council. This Affordable Housing Agreement will be reviewed by the City Council once the draft agreement has been prepared. ENVIRONMENTAL REVIEW: The existing General Plan/Specific Plan land use designations for these properties were adopted by the City Council with the GPA/SPA for Fallon Village on December 6, 2005 (Resolution 223-05). A Supplemental Environmental Impact Report (SEIR) was prepared for the Fallon Village GP AlSP A and certified by the City Council on December 6, 2005 (Resolution 222-05). The SEIR studied development at the midpoint of the residential density ranges. Since the 108-unit project exceeds the anticipated number of units that were studied as a part of the SEIR, a CEQA Addendum has been prepared for the proposed GP A/SPA to change the land use designation to Medium-High Density. The CEQA Addendum studied the development of 108-units rather than the midpoint of the proposed density range. Therefore, development on the Anderson property would be limited to a maximum of 108-units unless further environmental review is completed. The City prepared an Initial Study to determine whether there would be significant environmental impacts occurring as a result of this project beyond or different from those already addressed in the Fallon Village Supplemental Environmental Impact Report (SElR) (SCH#2005062010) certified by the Dublin City Coun,cil on December 6, 2005 (Resolution 222-05). The Initial Study concluded that the proposed project could not have a significant effect on the environment, and no new information has arisen for this project during the preparation of this Initial Study that would require further environmental review. Therefore, an Addendum to the SEIR was prepared documenting these facts. CONCLUSION: The City Council directed Staff to work with the Applicant to study the feasibility of incorporating market rate units into the proposed 88 unit affordable project on the Anderson property. The Applicant has proposed a lOS-unit mixed income project consisting of 88 affordable units, 19 market rate units, and I manager's unit, which exceeds the permitted density of the project site. Therefore, the Applicant has proposed a GP AlSP A and amended Stage 1 Development Plan to change the land use designation to Medium-High Density in order to permit up to 108 units on the Anderson property. The Applicant is also Page 9 of 10 (I ~ /1 requesting approval of a Stage 2 Development Plan for the northern 7-acre residential portion of the Anderson property. The Site Development Review permit for the 108-unit apartment project is consistent with the proposed OP AlSP A and PO Rezone. Staff is recommending that the City Council adopt the CEQA Addendum, and approve the OP AlSP A and Planned Development Rezone with amended Stage I Development Plan, and a Stage 2 Development Plan as shown in Attachments 1, 2, and 3 respectively. Staff is further recommending that the City Council provide Staff with direction regarding the Planning Commission recommendation that the number of affordable units should be reduced on the Anderson property. RECOMMENDATION: Staff recommends that the City Council: 1) Open the public hearing; 2) Receive Staff presentation; 3) Take testimony from the Applicant and the public; 4) Close public hearing and deliberate; 5) Adopt the following Resolutions: a) Resolution adopting a CEQA Addendum to the 1993 Final Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan, the 2002 East Dublin Property Owners Supplemental Environmental Impact Report,. and the 2005 Fallon Village Supplemental Environmental Impact Report and adopting related statements of overriding considerations; and b) Resolution approving a General Plan/Eastern Dublin Specific Plan Amendment to change the General Plan and Eastern Dublin Specific Plan land use designation for the 7-acre residential portion of the Anderson property to Medium-High Density Residential; and 6) Waive the first reading and introduce the Ordinance 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 property; and 7) Provide Staff with direction regarding the Affordable Housing Agreement and the number of affordable units that should be included on the Anderson property. 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