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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 Plan. tiyd"'J~~l:l /.". )(rA'l:'dCO!:''linc ::)..iklitlq~ ~obc f:'4r~t.'e ;"'IL: Irn(.H(l111........(i1~..., :lut; r\W,t..lI'I'~ "'i1r\!9"''l1f!rr..IlI'''l ~./ ...,/,,- ;,Dr'" ....f,I,t-o)'a'I~~t:J.jn...1(lil.."f>~,,:"d ,,; H.110 011 Tn~e!:et .!c5OJ ~qfuo (lYlff)'m W~hCI1Y '.If l1l.Jtllln Wil.:f,,!:, "~I'!.1~,u'nt"I.1.l) '" .- ''''i'''tt'"Il"<<'St::r~6ujfdiNJ'o/Io.t'' l:n....1.;.-".(l"Sif'...rir-.g.;,'ld P.'II"'P RM..II.-l1wlrdll-.. Slntn ~,:: [:out<.~ H~ ot T~f't"~ M :.hiJc~ itnd )...reer, Pdlli~lIJ hwf' t'utlJfel)(o'~lr..opl1"ml ''',d.Jo!''d7'""",,l'''l'-~..., T"t't' L~"~ "I Dv~~kl!lli'Qe l'lJ(~ Ii) . A..6dWlnl'lo...... AIIO""I!'l9 for '~'It""'~ Drt;! Sd~ a;"''"1''o'llll~ "obe-'lt'lll Pub:c.4rtLO(,)1mn S"rl.lb~.1nd ':"fOlJndcC>'lt'r 0'1 szo.u~ Lomml.lM'fOpc."l $pb;:ae h~ (om~ut'l"'y C~I.te' A"u) .,.,.- Ht.llc.,. ~ ""on1.:19<" LllncKapog :~t~ r Y';lwJ w,'l{lx...V~ Pklll: ....--,.toll~rl:lIllo~ve SptocilNil T.~! u. /..... ~../... 'll'h('u1ilfLar..:K'trP...vmc...tl:ntrv l~~il-= [h('rrt~ fC#C~''l.1 Lor.,t'r ~'L.'t" ....nh.t,ton.lmc"'lh. LCt.'!I '....,,1 J'I"~1 OTrl.""tt'"~" T,('(I~ :~ 'in....l::koll"tlm-l; fo' \4r:.~u"""nnl ~. / / .".,r ,r -1/ ./(.. ...-' ,IJ/ ~ ""((''11 (rtl.I)'h'", ~ntr~ p,lOI'lLmt'IUS 1~~'lcrkrllt'~hi I)Ql..l)lf' ,)..., ')''''Il;'l.:i ~~) lo.;.l~" BJIU:lr'9' /- \:1:1'('<< TrN',,;'IM (>"Of.,IfliXf:...rr .. inP...rb.."olIV$J:!'p ,,-,~- fI,QN!lRO~SO AVf hlUt: ~ . II" ...... II"lr. r.. ~I ! R > ~l I ~ f! i-l I r o U 10 140 ~ 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