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Home My WebLink About8.1 Attmt 2 Reso Adopt Ord Appv PD Rez w/ Stg 1 DPRESOLUTION NO. 08 - 23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN 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 (APN 985-0027-007, 905-0002-001, AND 90.5-0002-002) PA 07-056 WHEREAS, on April 3, 2007, the City Council initiated a General Plan Amendment (GPA) and Eastern Dublin Specific Plan Amendment (SPA) Study to evaluate the methods to require a variety of product types with private yards within the existing Medium Density land use designation on the Croak and Jordan properties, which are generally located north of the future Central Parkway extension, east of Croak Road and within the 1,134-acre Fallon Village project area; and WHEREAS, on December 20, 2005, the City Council approved a PD rezoning and related Stage 1 Development Plan for the Fallon Village project area, which includes the Croak and Jordan properties (PA 04-040) (Ordinance 32-05) and which is incorporated herein by reference; and WHEREAS, PD Zoning districts are required to be consistent with all elements of the General Plan and the Eastern Dublin Specific Plan; and WHEREAS, the California Environmental Quality Act (CEQA), together with the State CEQA Guidelines require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, 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; and WHEREAS, the prior EIRs are available for review in the Community Development Department and herein incorporated by reference. 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; and WHEREAS, the City Council held public hearings on said project and provided Staff with direction on April 3, 2007, October 16, 2007, November 27, 2007, August 19, 2008, September 9, 2008, and October 7, 2008; and WHEREAS, the City of Dublin Planning Commission ("Ph.nning Commission") held a public hearing on said project on October 28, 2008; and ATTACHMENT 2 ORDINANCE NO. XX - 08 . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A PD-PLANNED DEVELOPMENT REZONE WITH AMENDED STAGE 1 DEVELOPMENT PLAN TO ESTABLISH REVISED DEVELOPMENT STANDARDS FOR PRIVATE YARDS WITHIN THE MEDIUM DENSITY LAND USE DESIGNATION ON THE CROAK AND JORDAN PROPERTIES (APN 905-0002-001, 905-0002-002, AND 98 5-0027-007) PA 07-056 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 of I-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 Croak and Jordan properties (APN 905-0002-001, 905-OC 02-002, AND 985-0027-007). B. This Ordinance amends the Stage 1 Development Pla-1 approved in Ordinance No. 32-05 by the City Council on December 20. 2005. 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) Rezoning, with amended Stage I Development Plan, (PA 07-056) meets the purpose and intent of Chapter 8.32 of the Zoning Ordinance because: it will encourage a variety of different product types with usable private yard areas while providing flexibility. As amended the PD will continue to provide a comprehensive and coordinated development plan for a larger area with multiple ownerships that creates a desire ble use of land that is sensitive to surrounding land uses by making efficient use of develor ment areas so as to allow sensitive ridgelines and biological areas to be undeveloped. 2- The PD Rezoning, with amended Stage I 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 residential uses will provide a transition from the high density neighborhoods located in the Fallon Village Center to the Low Density neighborhoods to the north and east; and 3) the uses are consistent with the higher intensity of uses anticipated for the Fallon Village Center and will continue to promote an active, pedestrian oriented development in the Fallon Village Cen-:er. B. Pursuant to Section 8.120.050.A and B of the Dublin Municipal Code, the City Council finds as follows: 1. The PD Rezoning, with amended Stage I 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 residential uses will provide a transition from Page 1 of 4 EXHIBIT A TO ATTACHMENT 2 the high density neighborhoods located in the Fallon Village Center to the Low Density neighborhoods to the north and east; and 3) the uses are consistent with the higher intensity of uses anticipated for the Fallon Village Center and w-11 continue to promote an active, pedestrian oriented development in the Fallon Village Cem:er. 2. The Project site is physically suitable for the type and intensity of the zoning district being proposed because: 1) the amended land uses and site plan are consistent with the amended General Plan and Eastern Dublin Specific Plan (EDSP) land use designation of Medium Density Residential (6.1-14 du/acre); 2) the Fallon Village site is flatter towards the south with rolling hills generally north, and development is concentrated in less constrained areas; and 3) the flexibility of the PD allows future development -:o be tailored to onsite conditions. 3. The PD Rezoning, with amended Stage I Development Plan, ivill not adversely affect the health or safety of persons residing or working in the vicinity, or be de,'rimental to the public health, safety or welfare because: the Stage 1 Development Plan has been designed in accordance with the City of Dublin General Plan and the EDSP, and future development will comply with all applicable development regulations and standards and will implement all adopted mitigation measures. 4. The PD Rezoning, with amended Stage I Development Flan, is consistent with the Dublin General Plan and Eastern Dublin Specific Plan because: 1) the proposed uses on the site are consistent with the General Plan and EDSP land use designations; 2) the development standards for private yards will not result in an increase in the total number of residential dwellings anticipated for the subject properties by the General Plan and EDSP; and 3) the anticipated development of the site is consistent with the goals and policies of the General Plan and the EDSP. 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 p°ior EIRs 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. 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: 10.4+ acres located in an area bounded by Croak Road to the east, the future extension of Central Parkway to the south, land designated Neighborhood Park anc. Medium-High Density to the north and west, and Low Density to the north (APN 905-0002-001, znd 905-0002-002); and 23.4+ acres located in an area. bounded by open space to the northwest, a future elementary school to the southeast, future Medium-High Density development to the south, and future Low Density development to the east. (APN 985-0027-007). Page 2 of 4 A location map of the rezoning area is shown below: Croak 48 AC Cs e c t Property LDR ? P 9 AC •, M 1 MDR MP 1 • 5.5 gG 1 I ES I. Q? 15 AC... LDR 1 97.5 AC 1 1 u?.GF I I ML'R ( 1 . a, 11 4 , ,. 4 Al - i 1 ? . li IA J --- ---- ---- - I -- ?p 7 2 A? WIMP 7 .. MDR ? w a 1 ' AC MDR 9 6 AC MDR 9 7 AC ,I 1 E Jordan Ranch cc c 14 CC/C6 . . == I _ - -- Section 4. AMENDED STAGE 1 DEVELOPMENT PLAN The regulations for the use, development, improvement, and maintenance of the subject properties is set forth in the Fallon Village Stage 1 Development Plan adopted by Ordinance 32-05 except as amended below, which amendments are hereby approved. Any amendments to the Development Plans shall be in accordance with Section 8.32.080, Planned Development Zoning District, of the Dublin Municipal Code or its successors. PD-Planned Development Zoning District Amended Stage 1 Development Plan Fallon Village (PA 05-038, PA 07-056) This is an amended Stage 1 Development Plan pursuant to Chapter 8.32, Planned Development Zoning District, of the Dublin Zoning Ordinance for the portions of the Croak and Jordan properties with a Medium Density designation (APN 905-0002-001, 905-0002-002, and 985-0027-007). The Croak and Jordan properties consist of 10.4 acres and 23.4 acres respectively. A Stage 2 Development Plan is required pursuant to the provisions of the Dublin Zoning Ordinance. Amended Stage 1 Development Plan. The Stage 1 Development Plan remains as approved by Ordinance 32-05, except that the Development Standards for Usable Yards for Medium Density attached and detached units is replaced with the following development standards. 1. Development Standards. The Development Standards are amended to include the following private yard requirements for attached and detached housing units within the existing Medium Density designations on the Croak and Jordan properties. Page 3 of 4 a. 50% of the units within the existing Medium Density lard use designation on the Croak and Jordan properties shall provide private yards that meet the following minimum development standards: I. Minimum 400 s.f. of contiguous private, flat yard area; ii. Minimum dimension of 18'x18'; and Ili. Include privacy fencing. b. Common areas shall be provided for additional units that do not provide private yards that meet the standards as noted above. Section 5. 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 36533 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED BY the City Co incil of the City of Dublin, on this day of by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:\PA#\2007\07-056 Croak and Jordan Medium Density\City Council\CC 12.16.08\CC Ordinance MD I'D Am 12.16.08.DOC Page 4 of 4