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HomeMy WebLinkAbout8.1 Attmt 5 PC Stf Rept 9/9/08 w/out attchmtsAGENDA STATEMENT PLANNING COMMISSION MEETING D.A.TE: September 9, 2008 SUBJECT: PUBLIC HEARING: (Legislative Adion) - PA 07-056 Croak and Jordan Medium Density: General Plat and Eastern Dublin Specific Plan Amendment and Fallon Village Ply - Stage 1 Development Plan Amendment to change the existing Mi;dium Density portion of the Croak and Jordan properties to Medium-Low Density and Medium-Mid Density land use designations with minimum rear yard setback requirements. Repor(prepared by. Jeff Baker, Senior i'ianner ATTACHMENTS: 1) Resolution recommending that the City Council adopt a Resolution amending the City of Dublin General Plan and Eastern Dublin Specific Plan to change the existing Medium Density land use designation on the Croak and Jordan properties to Medium-Low and Medium-Mid Density designaticns, with the draft City Council Resolution included as Exhibit ik. 2) Resolution recommending that th; City Council adopt an Ordinance approving a PD-Planned Develcpment Rezone with amended Stage 1 Development Plan for the Medium-Low and Medium-Mid density designations on the Croak am Jordan properties, with the draft Ordinance included as Exhibit A. 3) City Council/Planning Commiss cn Study Session Staff Report dated August 19, 2008 with attachmen-:s. 4) City Council/Planning Commi: Sion Study Session draft Meeting Minutes dated August 19, 2008. 5) Resolution transferring original hearing jurisdiction of these amendments to the City Council pursuant to Section 8.96.020.C.3 of the City of Dublin Zoning Ordnance due to the unique policy implications of these amendment s. RECOMMENDATION: 1) Receive Staff presentation; 2) Open the Public Hearing; 3) Receive public testimony; 4) Close the Public Hearing and deliberate; and either 5) Adopt the following Resolution(:;,: a. Resolution (Attachment 1) recommending that the City Council adopt a Resolution approving; a General Plan and Eastern Dublin Specific Plan Amendment to change the existing Medium Density land use designation on the Croak and Jordan properties to Medium-Low and Mediuniā€¢ Mid Density designations; and COPY TO: Property Owners File ITEM NO. Page i of 7 G:\PAA2007\07-056 Croat: and Jordan Medium Density\Planning Commission\9.9.08\pcsr 9.9.08 East Dublin Density.DOC Attachment 5 K Resolution (Attachment 2) rewornmending that the City Council adopt an Ordinance approving a PD-Planned Developnrent Rezone with amended Sulu 1 Development Plan for the Mc liuni-Lo" and llediunt-Mid dcttyity° designations on the Croak and Jordan properties. OR: c. Resolution tAttachment 5) trtlnskuily original hearing {uri diction to the City C'oul:cil h:,CaUsc of the unique poliC\ implication of these proposer] tmenchnents. PRO,JEC" I' DESCRIPTION- Background l c City ('cni wd hell a stranoc Planning Sessbn on January 12. 20 Q Durin,, this Strategic Planning, Sc,,s is>n ttl;: City Council discussed the existing General Ulan and Specific Plan Residential Land t se i) sl1lla1i0rl Within the City' 0f DLlbliu and the need for ltuvler pri\ atc yards. Concerns ??erc raised during this discussion regarding the nerd for a variety of housing tyl)es (i.e. i etached unit,. rc?w h 1TICS stacked flats, etc-> and home's with larger private yards on undeveloped land ":within the ]:astern Dublin Sliccitic Plan W])-,P area that has a MCCliurtt Density (6.1-14 du'aCre) lanai use dCSi«nation. St<.f',` studied the densities. residential land use policies. existing larn:i use patterns. the City Of Dublin Ville giv Policj Statement. and the status of errtitlenrents for t[re land designated for residential dctielopment ll bh:n 'he FDSP Staff Reports were prepared tier the April . 2007- : nd t.)ctober 16- 2007. C'itj Council \'c?tri is \6th iif-ierent panic]-altermiti\cs tor Cite Clouncil consideration. Cih (_` mricil Action - April 3, 200'7 & October- 16, 2007 Fie (`, Council revicued both of these Staff Reports and continued to a- 11E,u5in« pre>cluct type that is het?ieen a stacked product and Gr express a desire to provide a I:rt gar sin=gle-family detached unit (Attachment 3 Pages OU37 and Man (_; 1} with it private usable yard. The City Council also lAnch c>.D7r , cd a concern over the eXi tin, policy to et"tlculate densities Y based CHl gross rather thaii net acreage. I i?e (,by council identified ttivo remaining Medium Density pllp'n-ties ((rook and Jordan) (,'flap 1 to the right) within the 1-_I)SP that At not have. vested development rights and that do not hat c a current dcvclopme-nt application in process with the City- On a motion, the City Council directed Start to prepare Generat Plan and Specific Plan Arnendnrews (GPA%SPA) and amend the P) Stake I Development Plan as de3cribed below with the goal of creating prl%ate usable s rds: Fallon ti ill Te Center lit?urtclM-k flap I -- Vicinity flap i. Create mediurn-Lost Density (1100 dulue) and llediunt-Mid Density ( 10.1-14 LlWacre) land use dcsit-,nations to replace the existing Medium Density t6.1-1.1 dtacrc) land use designation On the Croak and Jordan propcrti 's: 2. Calculate densities ft>r the two new land use d signa6mv based on net developable acres: mid Reg6r: usable juts Ar d"v5pmcnt within the Nkdium-l"v Density designation. Pburing Commission Action - No%eniber 27, 2007 S aK prepared a (WA. SPA.. mid l l1lon Village Stage i Development Plan :Amendment for the Croak and Jordan propct-des as directed by the Cite C uncil. On Novernber 27, 2007. the Planning ("tatmission held a Public Hearing to review the proposed amendments to the C,eneral Plan. LDSP. Page 2 of 7 Stage 1 Development Plan (Attachments 3 pgs 54-66 and 66-81). The Planning Commission raised a number of concerns with the proposed amendments, including the following: 1. Medium density product type already exists; 2. Can achieve private yards in Medium Density; 3. Loss of units and fairness oi'Net Density; 4. Limit market demand flexibility; 5. Limited impact/application of policies; and 6. Need market study to verify market demands The Planning Commission voted unanimously to recommend that :he City Council not approve the proposed GPA, SPA and Fallon Village Stage I 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 Sessi:)i on August 19, 2008, to discuss the proposed land use designations, gross vs. net density requirements, and usable yard requirements. The Study Session Staff Report (Attachment 3 pgs 1-14) includ.-d three policy alternatives for consideration by the City Council. The City Council directed Staff .c proceed with Alternative A and prepare a GPA, SPA, and PD Stage 1 Development Plan Amendment :o create the following: 1. Medium-Low and Medium--Mid Density land use designation:; 2. Minimum 15' rear yard setback requirements units with private rear yards; and 3. Minimum 20' rear yard setback requirements for 1 in 5 units with private rear yards. The following is a discussion of the proposed GPA, SPA, and PD Stage 1 Development Plan Amendment for the Croak and Jordan properties. The Planning Commission is requested to review the proposed amendments and make a recommendation to the City Council regarding the adoption of the proposed GPA, SPA and PD Stage 1 Development Plan Amendment. ANALYSIS: Proposed Medium-Low and Medium-Mid Density Designations Land Use Designations Staff prepared the following definitions for proposed new Mediuri -Low Density and Medium-Mid Density land use designations on the Croak and Jordan properties: Residential: Medium-Low Density (6.1-10 units per net residential acre). Units in this density range will be detached, zero-lot line, duple:c and/or townhouse developments suitable for family living with private flat usable outdoor yard areas that accommodate leisurely activities typically associated with a residence. Unit types and densities may be similar or vaned. Assumed household size is two persons per unit. Residential: Medium-Mid Density (10.1-14 units net residentid acre). This density range allows detached, zero-lot line, duplex townhouse, and/or garden apartment developments suitable for family living with private flat usable outdoor yard areas that accommodate leisurely activities typically associated with a residence or usable common areas (tot lot, picnic area, swimming pool areas, etc.) that accommodate re-;reational and leisurely activities. Unit types and densities may be similar or varied. Assumed household size is two persons per unit." Page 3 of 7 Location of Proposed Land Uses The existing Medium Density sites on the Croak and Jordan properties would be equally divided into Medium-Low and Medium-Mid Density as shown on Map 2 (to the right). The proposed land uses maintain the transition from the more intense High Density Residential and Mixed Use at the core of the Fallon Village Center to the less intense Low Density Residential uses that surround the Village Center. Development at the midpoint of the proposed density range would result in the same number of units (104 units on Croak and 234 units on Jordan) anticipated for the existing Medium Density that was studied in the Fallon Village SEIR and would maintain the existing jobsihousing balance. (Please refer to the October 16, 2007 City Council Staff Report Tables 2, 3 and 4 included in Attachment 3 o1 pgs 40, 44 and 46). The units would simply be redistributed across the proposed Medium-Low Density and Medium-Mid Density designations and no additional environmental review would be required. Conclusion - Land Use Designations The proposed Medium-Low and Medium-Mid Density designations ensure that a variety of different housing types are constructed on the Croak and Jordan properties (i. detached and attached housing). The Medium-Low Density designation also ensures that the homes have private yards. However, the land use designations do not guarantee the size of these private yards. 'T'herefore, the proposed PD Stage 1 Development Plan Amendment (discussed below) includes minimwn rear yard setback requirements to ensure that the private yards are large enough to be usable. Rear Yard Setback Requirements The proposed Medium-Low and Medium-Mid Density designations permit a variety of attached and detached product types as discussed above. The Medium-Low Density designation requires each unit to include a private usable yard. The Medium-Mid Density designation allows either a private usable yard for each unit or shared common areas. The properties in the EDSP have Planned Development (PD) zoning with development standards that are tailored to each development. 1'D zoning with customized development standards is 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 I Development. Plan Amendment (Attachment Z, Exhibit A) would modify the existing development standards to require the following rear yard setback requirements for the proposed Medium-Low and Medium-Mid Density designations as directed by the City Council at the August 19, 2008 Study Session: Minimum 15' flat usable rear yard setback for attached and detached units with private yards; and Minimum 20' flat usable rear yard setback for 1 private yards. out of every 5 attached and detached units with Examples of what could occur in a 15'-20' rear yard include children's play equipment, a patio with table and chairs, a garden, or a hot tub. The proposed Stage 1 PD Am.-ndment includes a revised Stage 1 PD Site Plan showing the location of the land uses, and the 15'-20' rear yard setback requirement as described above. Please refer to Exhibit A of Attachment 2 for the proposed Stage 1 PD Amendments. Page 4 of 7 Map 2 - Proposed Land Use Designations In accordance with the Dublin Zoning Ordinance, a PD Stage 2 Development Plan is required before development can occur on the Croak and Jordan properties. The Stage 2 PD will include additional development standards for the Medium-Low and Medium-Mid Dens h, designations that are tailored to the proposed development and that incorporate the required 15'-20' raar yard setback as required by the Stage 1 Development Plan. Conclusion -Private Yard Requirements The proposed 15'-20' flat usable rear yard setback requirement for the proposed Medium-Low and Medium-Mid Densities would apply to attached and detached units that include private rear yards. The proposed setback requirements are provided to ensure that the private yards Medium-Low and Medium- Mid Densities are large enough to accommodate leisurely activities fiat typically occur in rear yards. The PD zoning with customized development standards will continu.; to allow flexibility and creativity while providing a minimum rear yard setback. CONCLUSION: The City Council has the authority to modify General Plan and Specifc Plan Land Use Designations at any time. On April 3, 2007, and with further direction on October 1 F, 2007 and August 19, 2008, the City Council directed Staff to prepare a General Plan/Eastern Dublin Specific Plan Amendment to replace the existing Medium Density (6.1-14 du/acre) portion of the Croak and Jordan properties with Medium-Low (6.1-10 du/acre) and Medium-Mid Density (10.1-14 dit/acre) land use designations. The City Council further directed Staff to prepare a PD Rezone with ame ided Stage 1 Development Plan to include rear yard setback requirements for the proposed Medium-Low and Medium-Mid Density. The proposed amendments to the General Plan, EDSP, and PD Stage I Development Plan will implement the City Council direction and ensure a variety of housing types with privat? usable rear yards. Planning Staff is requesting that the Planning Commission make a recommendation to the City Council on this project as noted above. However, should the Planning Commission determine that these amendments have policy implications that are unique the Comnii3sion may, pursuant to Section 8.96:020.C.3 of the Zoning Ordinance, transfer its hearing jurisdiction to the City Council. Section 8.96.020.C.3, Referral to City Council," states that "At any point i i the project review process the Planning Commission may transfer original hearing jurisdiction to t:le City Council at its discretion because of policy implications, unique or unusual circumstances, or the magnitude of the project." Should the Planning Commission so desire to transfer the origiral hearing jurisdiction, Staff has included a Resolution (Attachment 5) that sets forth those unique policy implications. 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 Environmead Impact Report (SEIR) (SCH #2005062010) to the Eastern Dublin EIR, a program EIR, initially c: rtified 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 LIRs 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 incroased units or density beyond what was previously studied for the subject properties, and therefore no additional environmental review is required. Page 5 of 7 RECOMMENDATION: Stag' recommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the Public Hearing; 3) Receive public testimony; 4) Close the Public Hearing and deliberate; and either, 5) Adopt the following resolutions: a) Resolution (Attachment 1) recommending that the City Council adopt a Resolution amending the City of Dublin General Plan and Eastern Dublin Specific Plan to change the existing Medium Density land use designation on the Croak and Jordan properties to Medium-Low and Medium-Mid Density designations; and b) Resolution (Attachment 2) recommending that the City Council adopt an Ordinance approving a PD-Planned Development Rezone with amended Stage 1 Development Plan for the Medium-Low and Medium-Mid density d Jjynations on the Croak and Jordan properties OR c) Adopt the Resolution (Attachment 5) transferring o:-iginal hearing jurisdiction to the City Council because of the unique policy implication of these proposed amendments. Page 6 of 7 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 9458 3 APN 985-0027-007,905-0002-001, AND 905-0002-002 PD - Medium Density Etesidential Medium Density Res.dential (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. 2::2-05 certifying a Supplemental Environmental Irr fact Report (SEIR) (SCH #2005062010) to the Eastern Dublin EIR, a program EIR, initially certified by the City of Dublin in 1993 (SCH#91103064) an(] the Eastern Dublin Property Owners SEIR (SCH # 2001052114) certified in 2002 by Resolution 40-02 for the Fallon Village project. The prior EIRs are availa:)le 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 d:iisity beyond what was previously studied for the subject properties, and therefore no additional environmental review is required. Page 7 of 7