HomeMy WebLinkAbout8.1 Croak & Jordan Medium Density PA07-056-?-?. ,82
AGENDA STATEMENT
PLANNING COMMISSION MEETING DATE: October 28, 2008
\IFOR?
SUBJECT: PUBLIC HEARING: (Legislative .Action) - PA 07-056 Croak and
Jordan Medium Density: General Plan and Eastern Dublin Specific Plan
Amendment to required 50% of the units within the Medium Density Land
Use Designation on the Croak and Jordan properties provide private yards,
and a PD - Planned Developmen: Rezone with amended Stage 1
Development Plan to establish revised private yard standards within the
Medium Density Land Use Designation on the Croak and Jordan
properties.
Report prepared by Jeff Baker, Senior .planner
ATTACHMENTS: 1) Resolution recommending that the City Council adopt a Resolution
amending the City of Dublin General Plan and Eastern Dublin
Specific Plan to require that 50% of the units within the Medium
Density land use designation cn the Croak and Jordan properties
provide private yards, with the draft City Council Resolution
included as Exhibit A.
2) Resolution recommending that the City Council adopt an Ordinance
approving a PD-Planned Development Rezone with amended Stage
1 Development Plan to establish revised development standards for
private yards within the Medium Density land use designation on the
Croak and Jordan properties, with the draft Ordinance included as
Exhibit A.
3) Joint City Council/Planning Commission Study Session Staff Report
dated August 19, 2008 with attachments.
4) Joint City Council/Planning Commission Study Session Meeting
Minutes dated August 19, 2008.
5) Planning Commission Staff Report dated September 9, 2008 without
attachments.
6) Planning Commission Meeting Minutes dated September 9, 2008.
7) City Council Staff Report dated October 7, 2008 without
attachments.
8) City Council draft Meeting Minutes dated October 7, 2008.
RECOMMENDATION: 1) Receive Staff presentation;
2) Open the Public Hearing;
3) Receive public testimony;
4) Close the Public Hearing and deliberate; and
5) Adopt the following Resolutions
COPY TO: Property Owners
File
ITEM NO. 8 • I
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GAPA#\2007\07-056 Croak and Jordan Medium Density\Planning Commission\10.28.08\pcsr 10.28.08 1 '.ast Dublin Density.DOC
a. Resolution recommending that the City Council adopt a
Resolution amending the City of Dublin General Plan and
Eastern Dublin Specific Plan to require that 50% of the units
within the Medium Density land use designation on the Croak
and Jordan properties provide private yards (Attachment 1); and
b. Resolution recommending that the City Council adopt an
Ordinance approving a PD-Planned Development Rezone with
amended Stage 1 Development Plan to establish revised
development standards for private yards within the Medium
Density land use designation on the Croak and Jordan properties
(Attachment 2).
PRO.IECT DESCRIPTION:
Background
The City Council held a Strategic Planning Session on January 12, 2007. During this Strategic Planning
Session the City Council discussed the existing General Plan and Specific Plan Residential Land Use
Designations within the City of Dublin and the need for larger private yards. Concerns were raised during
this discussion regarding the need for a variety of housing types (i.e. detached units, row homes, stacked
flats, etc.) and homes with larger private yards on undeveloped land within the Eastern Dublin Specific
Plan (EDSP) area that has a Medium Density (6.1-14 du/acre) land use designation.
Staff studied the densities, residential land use policies, existing land use patterns, the City of Dublin
Village Policy Statement, and the status of entitlements for the land designated for residential development
within the EDSP. Staff Reports were prepared for the April 3, 2007 and October 16, 2007, City Council
Meetings with different policy alternatives for City Council consideration.
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City Council Action - April 3, 2007 and October 16, 2007 l-??WAr
The City Council reviewed both of these Staff Reports and Jordan Croak
expressed a desire to provide a housing product type that is 0-, Rancho LDR Property
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between a stacked product and a larger single-family detached oR 5.5 AC 1
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unit with a private usable yard (Please refer to the August 3,
2007 and October 16, 2007 City Council Meeting Minutes M oP „ CN Ma
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included in Attachment 3 pages 29-37 and 48-53). The City N '
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Council also expressed a concern regarding the existing policy - 7 - 2 A[ 96DAC ! 9 7 AC
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to calculate densities based on gross rather than net acreage. 35 85AC
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The City Council identified two Medium Density properties I 3 AC 1=anon Village
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(Croak and Jordan) (Map 1 to the right) within the EDSP that
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do not have vested development rights and that do not have a 9 5 AC 9
current development application in process with the City. The
City Council directed Staff to prepare General Plan and Map 1 -Vicinity Map
Eastern Dublin Specific Plan Amendments (GPA/EDSPA) and a Planned Development (PD) Stage 1
Development Plan Amendment as described below with the goal of creating private usable yards:
1. Create Medium-Low Density (6.1-10 du/acre) and Medium-Mid Density (10.1-14 du/acre) land
use designations to replace the existing Medium Density (6.1-14 du/acre) land use designation on
the Croak and Jordan properties;
2. Calculate densities for the two new land use designations based on net developable acres; and
3. Require usable yards for development within the Medium-Low Density designation.
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Staff prepared a GPA, EDSPA, and PD Stage 1 Development Plan Amendment for the Croak and Jordan
properties as directed by the City Council on October 16, 2007.
Planning Commission Action - November 27, 2007
On November 27, 2007 the Planning Commission held a Public Hearing to review the proposed
amendments to the General Plan, EDSP, and PD Stage 1 Development Plan. The Planning Commission
raised a number of concerns with the proposed amendments (Please refer to the Planning Commission
Staff Report and Meeting Minutes included in Attachment 3 pgs `4-65 and 66-81). Because of these
concerns, the Planning Commission voted unanimously to recommend that the City Council not approve
the proposed GPA, EDSPA and PD Stage 1 Development Plan Amendment. Please refer to Attachment
3 (pages 7-14) for a discussion of the Planning Commission concerns.
Joint City Council/Planning Commission Study Session - August 19, 2008
The City Council and Planning Commission held a joint Study Session on August 19, 2008 to discuss: 1)
the proposed Medium-Low and Medium-Mid Density land use designations; 2) gross vs. net density
requirements; and 3) usable yard requirements.
The Study Session Staff Report included three policy alternatives for consideration by the City Council
(Please refer to the City Council/Planning Commission Study Session Staff Report and Meeting Minutes
that are included as Attachment 3 (pgs 1-14) and Attachment 4 respectively). The City Council directed
Staff to proceed with Alternative A. and prepare a GPA, EDSPA, and PD Stage 1 Development Plan
Amendment to create the following:
1. Medium-Low and Medium-Mid Density land use designations;
2. Minimum 15' rear yard setback requirements for units with I-rivate rear yards; and
3. Minimum 20' rear yard setback requirements for 1 in 5 units with private rear yards.
Planning Commission Meeting - September 9, 2008
Staff prepared the GPA, EDSPA, and PD Stage 1 Development Plan Amendment based on the direction
.received from the City Council at the Study Session on August 19, 2008. On September 9, 2008 the
Planning Commission held a Public Hearing to review the proposed GPA, EDSPA, and PD Amendment
(Please refer to the September 9, 2008 Planning Commission Staff Report and Draft Meeting Minutes
included as Attachments 5 and 6).
Three members of the public spoke about the proposed modifications including Kevin Fryer from Mission
Valley Properties representing the Jordan Ranch property, Pat Croak representing the Croak property, and
Jeff Lawrence from Braddock and Logan. All three spoke against :he proposed amendments and sited
concerns regarding the topography of the properties, the potential loss of units, and the lack of flexibility
in the proposed amendments.
Following a discussion of the proposed amendments by the Planning Commission, a motion
recommending that the City Council approve the proposed amendme:ts was put to a vote. The vote was
2-2-1 with Commissioners Biddle and Wehrenberg in support, Commissioners Schaub and Tomlinson
against, and Commissioner King absent. In accordance with the Planr ing Commission Rules of Procedure
and Section 2.12.040 of the Dublin Municipal Code (Chairman-Rules-Records-Meetings), a tie vote
ultimately defeats a motion unless a subsequent motion is passed. A subsequent motion was not
presented; therefore, the Planning Commission did not recommend that the City Council adopt the
proposed amendments.
Page 3 of 7
City Council Meeting - October 7, 2008
The City Council held a public hearing to consider the proposed GPA, EDSPA, and PD Stage 1
Development Plan Amendment on October 7, 2008. During the public hearing, Kevin Fryer from Mission
Valley Properties and Pat Croak representing the Croak property spoke against the proposed Amendments.
Similar to the presentation at the September 9, 2008 Planning Commission meeting, Mr. Fryer presented
an example of one product type that they are considering for the proposed Medium-Low Density portion
of the Jordan property. The product type example consists of clusters of four single-family detached units
built around 500 s.f. private yards that have a dimension of approximately 20'x25. This product type did
not appear to meet the proposed 15"-20' rear yard setback requirement proposal by the City Council.
Mr. Fryer expressed concern regarding the topography of the Jordan property and the lack of flexibility
regarding rear yard setback requirements. Mr. Fryer indicated that the northern 3.4-acres of the proposed
Medium-Low Density is too steep to develop. He felt it would be difficult to achieve the midpoint density
as well as provide usable yards using the cluster development example if the northern 3.4-acres has limited
development potential. He stated that the lack of flexibility regarding the proposed rear yard setback
requirements was of greater concern than the potential loss of units associated with the proposed product
type.
Pat Croak expressed similar concerns to those of Mr. Fryer regarding the topography of the Croak property
and the unintended consequences that may occur as a result of the proposal to modify the land use
designations and rear yard setback requirements.
Following extensive discussion, the City Council directed Staff to prepare a GPA, EDSPA, and PD Stage
1 Development Plan Amendment to include the following:
GPA & EDSPA
¦ Require 50% of the units within the existing Medium Density land use designation on the Croak
and Jordan properties to include private yards.
PD Stage 1 Development Plan Amendment
¦ Require 50% of the units within the existing Medium Density land use designation on the Croak
and Jordan properties to provide a minimum 400 s.f. private, usable yard with a minimum
dimension of 18'x18'; and
¦ Common areas shall be provided for additional units that do not provide private yards that meet the
standards as noted above.
The following is a discussion of the proposed
Amendment for the Croak and Jordan properties.
received from the City Council on October 7, 2008.
GPA, EDSPA, and PD Stage 1 Development Plan
The proposed amendments are based on the direction
ANALYSIS:
General Plan/Eastern Dublin Specific Plan Amendment
As previously stated, a portion of the Croak and Jordan properties
have an existing General Plan land use designation of Medium
Density (6.1-14 du/acre). Please refer to Map 2 (to the right) for
the location of the existing Medium Density designation and
Table 1 (below) for information regarding the existing Medium
Density land use designation on these two properties.
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Map 2 - Existing Medium Density
Table 1 - Existing Medium Density Land Use Designations
Property Land Use
Designation Density
Range Midpoint
Density Acres Dwelling
Units
Croak Medium Density 6.1-14 du/ac 10 du/ac 10.4 ac 104 units
Jordan Medium Density 6.1-14 du/ac 10 du/ac 23.4 ac 234 units
Total 33.8 acres 338 units
The proposed General Plan Amendment would require that 50% of the units that are constructed within
the existing Medium Density designation on the Croak and Jordan properties include private yards for
each unit. The proposed GPA/EDSPA would continue to allow development to occur at the midpoint of
the density range as anticipated in the General Plan, Eastern Dublin Specific Plan and the Fallon Village
SEIR and would maintain the existing jobs/housing balance.
Conclusion - GPA/EDSPA
The GPA/EDSPA will ensure that 50% of the units that are constructed on the Medium Density portion of
the Croak and Jordan properties have private yards. However, the land use designations do not guarantee
the size of these private yards. Therefore, the proposed PD Stage 1 Development Plan Amendment
(discussed below) includes minimum development standards for private yards on the Medium Density
portion of the Croak and Jordan properties.
The proposed General Plan Amendments are included as Exhibit A to Attachment 1 of this Staff Report
(please refer to Page 2 of Exhibit A for the Findings).
Planned Development Stage 1 Development Plan Amendment
The properties in the EDSP have Planned Development (PD) zoning with development standards that are
tailored to each development. The PD zoning with customized development standards are intended to
provide greater flexibility and creativity than traditional zoning. The Croak and Jordan properties are
subject to the Fallon Village PD Stage 1 Development Plan which includes development standards. The
proposed PD Stage 1 Development Plan Amendment (Attachment 2) would modify the existing
development standards to require the following for the Medium Density portion of the Croak and Jordan
properties:
¦ 50% of the units provide a minimum 400 s.£ private, flat, fenced yard with a minimum dimension
of 18'x 18'; and
¦ Common areas shall be provided for additional units that do not provide private yards that meet the
standards as noted above.
Examples of what could typically occur in a 400 s.f. yard with a minimum dimension of 18'x18' include
children's play equipment, a patio with table and chairs, a garden, or a hot tub. The City Council did not
define what constitutes "common areas" so that will be studied under the Stage 2 Development Plan and
Site Development Review.
In accordance with the Dublin Zoning Ordinance, a PD Stage 2 Development Plan and Site Development
Review are required before development can occur on the Croak and Jordan properties. The PD Stage 2
Development Plan and SDR will be brought forward to the Planning Commission for review when the
City receives a Planning Application for the Croak and Jordan properties.
Conclusion - PD Stage 1 Development Plan Amendment
The proposed private yard development standards would apply to attached and detached units within the
existing Medium Density designation on the Croak and Jordan properties. The proposed development
standards would ensure that 50% of the units provided private yards in the Medium Density designation
that are large enough to accommodate typical leisurely activities for a private residence. The PD zoning
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with customized development standards will continue to allow flexibility and creativity while providing
minimum private yard standards.
The proposed Stage 1 Development Plan Amendment is included in Exhibit A to Attachment 2 (please
refer to Page 1 of Exhibit A for the Findings).
ENVIRONMENTAL REVIEW:
The project has been reviewed under the California Environmental Quality Act (CEQA), State CEQA
Guidelines and the Dublin Environmental Guidelines. On December 6, 2005, 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 E.Rs are available for review in the
Community Development Department. The proposed project is within the scope of the SEIR for the
Fallon Village project area because the project does not result in increased units or density beyond what
was previously studied for the subject properties, and therefore no additional environmental review is
required.
NOTICING:
In accordance with State law, a public notice regarding this hearing was mailed to all property owners and
occupants within 300 feet of the subject properties. A public notice was also sent to the City's interested
parties list, published in the Valley Times and posted at several locations throughout the City.
CONCLUSION:
The City Council has the authority to modify General Plan and Specific Plan Land Use Designations at
any time. On October 7, 2008, the City Council directed Staff to prepare a General Plan/Eastern Dublin
Specific Plan Amendment requiring 50% of the units in the Medium Density land use designation to
provide private usable yards, and common areas for units that do not Dave private yards. The City Council
further directed Staff to prepare a PD Stage 1 Development Plan Amendment to establish minimum
development standards for private yards in the Medium Density designation. The proposed amendments
to the General Plan, EDSP, and PD Stage 1 Development Plan will implement the City Council direction
and ensure a variety of housing types with private, flat yards.
RECOMMENDATION:
Staff recommends that the City Council: 1) Receive Staff presentation; 2) Open the Public Hearing; 3)
Receive public testimony; 4) Close the Public Hearing and deliberate; and 5) Adopt the following
resolutions: a) Resolution recommending that the City Council adop-: a Resolution amending the City of
Dublin General Plan and Eastern Dublin Specific Plan to require that 50% of the units within the Medium
Density land use designation on the Croak and Jordan properties provide private yards (Attachment 1);
and b) Waive the first reading and introduce the Ordinance approving a PD-Planned Development Rezone
with amended Stage 1 Development Plan to establish revised development standards for private yards
within the Medium Density land use designation on the Croak and Jordan properties (Attachment 2).
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GENERAL INFORMATION:
APPLICANT:
PROPERTY OWNERS:
LOCATION:
EXISTING ZONING:
EXISTING GENERAL PLAN/SPECIFIC
PLAN LAND USE DESIGNATIONS:
ENVIRONMENTAL REVIEW:
City of Dublin
Francis Croak
1262 Gabriel Court
San Leandro, CA 94`77
Jordan Ranch LLC
5000 Hopyard Road, Ste. 170
Pleasanton, CA 94588
APN 985-0027-007, -a05-0002-001, AND 905-0002-002
PD - Planned Develcpment
Medium Density Residential (6.1-14 du/acre)
The project has been reviewed under the California
Environmental Quality Act (CEQA), State CEQA
Guidelines and the Dublin Environmental Guidelines.
On December 6, 2005, the City Council adopted
Resolution No. 222-05 certifying a Supplemental
Environmental hr pact Report (SEIR) (SCH
42005062010) 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 9 2001052114) certified in 2002 by
Resolution 40-02 for the Fallon Village project. The
prior EIRs are avail able for review in the Community
Development Department. The proposed project is
within the scope of the SEIR for the Fallon Village
project area because the project does not result in
increased units or density beyond what was previously
studied for the sut ject properties, and therefore no
additional environmental review is required.
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