HomeMy WebLinkAboutOrd 13-08 Anderson Prop PD Rezone
ORDINANCE NO. 13 - 08
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) P A 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 ofI-580 and east of Fallon 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 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 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 of the 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 Avenue.
B. Pursuant to Section 8.120.050.A and B of the Dublin Municipal Code, the City Council finds as
follows:
Ord No. 13-08, Adopted 3/18/08, Item 4.2
Page 1 of7
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 36-08 adopting a CEQA Addendum for the project, which resolution is incorporated
herein by reference.
Ord No. 13-08, Adopted 3/18/08, Item 4.2
Page 2 of7
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:
7-J:.. 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 Avenue 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 905-0001-006).
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.
Ord No. 13-08, Adopted 3/18/08, Item 4.2
STAGE 1 SITE PLAN
Page 3 of7
2. Site Area, densities. As follows:
Land Use Acrealle Densitv
Single Family Residential 403.6 acres 0-6.0 units/acre
Medium Density Residential w.:+ 53.1 acres 6.1-14.0 units/acre
Medium-High Density Residential H.8 30.8 acres 14.1-25.0 units/acre
Rural Residential/Agriculture 142.9 acres 1 unit/100 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
Ord No. 13-08, Adopted 3/18/08, Item 4.2
Page 4 of7
Private Recreation Facility (for homeowners' association and/or tenants use only)
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 Densitv 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
Ord No. 13-08, Adopted 3/18/08, Item 4.2
Page 5 of7
5. Development Regulations.
Minimum Setbacks
Buildin to Buildin
Buildin to Parkin C ort/Private StreetlDrivewa
Buildin to Public Street Ri ht-of-Wa
Maximum Lot Covera e
Minimum Common Usable Outdoor S ace
Maximum Buildin Rei ht
Parkin S aces Re uired
Residential Units
Leasin Office I uncovered s ace er 250 sf of office s ace
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.
15'
10'
20'
50%
100 sf er unit
45' and 3 stories
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 of the 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.
Ord No. 13-08, Adopted 3/18/08, Item 4.2
Page 6 of7
7. Prelimina
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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 this 18th day of March, 2008, by the following vote:
AYES: Councilmembers Hildenbrand, Oravetz, Sbranti and Scholz, and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None
ATTES~ t t ~
Deputy City Clerk
Ord No. 13-08, Adopted 3/18/08, Item 4.2
Page 7 of7