HomeMy WebLinkAboutPCReso 99-05 PA98-063 Rec CC Emerald Glen #4 PD Rez RESOLUTION NO. 99-05
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL APPROVE AND ESTABLISH
FINDINGS, GENERAL PROVISIONS AND DEVELOPMENT STANDARDS AND
CONDITIONS OF APPROVAL FOR A PD, PLANNED DEVELOPMENT REZONE
FOR PA 98-063, TOLL BROTHERS - EMERALD GLEN #4
WHEREAS, Toll Brothers of San Ramon, California, and Alameda County Surplus Property
Authority ("Applicant/Developer") have requested approval of a Planned Development Rezone to
establish General Provisions and Development Regulations for a residential development consisting of
143 single family detached homes and 152 townhomes on approximately 28.94 net acres, (portion of
APN 986-0001-001-10) in the Eastern Dublin Specific Plan area; and
WHEREAS, Applicant/Developer has submitted a Stage 2 Development Plan as required by
Section 8.32 of the Zoning Ordinance which meets the requirements of said section, and
WHEREAS, ApplicanffDeveloper has submitted a complete application for a Planned
Development Rezone which is available and on file in the Planning Department; and
WHEREAS, a development agreement will be approved prior to recordation of a Tract
Map/Parcel Map for the project as required by the Eastern Dublin Specific Plan and the Conditions of
Approval of the Tentative Map and Site Development Review; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), CEQA Guidelines
Section 15182, the City has found that the proposed residential project is within the scope of the Final
Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan which
was certified by the City Council by resolution No. 51-93, and the Addenda dated May 4, 1993, and
August 22, 1994 (the "EIR"), and has further found that the proposed project is consistent with the
adopted Eastern Dublin Specific Plan; and
WHEREAS, the Planning Commission held a public hearing on said application; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law;
and
WHEREAS, a Staff Report was submitted recommending that the Planning Commission
recommend that the City Council approve the Planned Development Rezone; and
WHEREAS, the Planning Commission did hear and use their independent judgment and
considered all said reports, recommendations, and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED THAT the Dublin Planning Commission does
hereby make the following findings and determinations regarding said proposed Planned Development
Rezone:
1. The Planned Development Rezone, as conditioned, is consistent with the general
provisions, intent, and purpose of the PD District Overlay Zone of the Zoning Ordinance. The Planned
Development Rezone will be appropriate for the subject property in terms of providing General Plan
provisions which set forth the purpose, applicable provisions of the Dublin Zoning Ordinance, range of
permitted and conditionally permitted uses, and Development Standards which will be compatible with
existing and proposed residential, business, and public uses in the immediate vicinity and will enhance
development of the Specific Plan Area; and
2. The Planned Development Rezone, as conditioned, is consistent with the general
provisions, intent, and purpose of the Eastern Dublin Specific Plan and will contribute towards
implementation of said Plan; and
3. The Planned Development Rezone, as conditioned, is consistent with the general
provisions, intent, and purpose of the General Plan which designates this area as Medium Density
Residential and would result in development within the density allowed by said designation; and
4. The Planned Development Rezone, as conditioned, will not have a substantial adverse
effect on health or safety or be substantially detrimental to the public welfare or be injurious to property
or public improvement as all applicable regulations will be satisfied; and
5. The Planned Development Rezone, as conditioned, will not overburden public services as
all agencies must commit to the availability of public services prior to the issuance of building permits as
required by the Eastern Dublin Specific Plan policies and mitigation measures; and
6. The Planned Development Rezone, as conditioned, and accompanying Site Development
Review, will create an attractive, efficient, and safe environment; and
7. The Planned Development Rezone, as conditioned, will benefit the public necessity,
convenience, and general welfare and is in conformance with Section 8.32 of the Dublin Zoning
Ordinance; and
8. The Planned Development Rezone, as conditioned, and accompanying Site Development
Review will be compatible with and enhance the general development of the area; and
9. The Planned Development Rezone, as conditioned, will provide an environment that will
encourage the use of common open areas for neighborhood or community activities and other amenities;
and
10. The Planned Development Rezone, as conditioned, will provide efficient use of the land
pursuant to the Eastern Dublin Specific Plan that includes that preservation of significant open areas and
natural and topographic landscape features along Tassajara Creek with minimum alteration of natural land
forms; and
BE IT FURTHER RESOLVED THAT the Dublin Planning Commission does hereby
recommend that the City Council approve a Planned Development Rezone for PA 98-063, Toll Brothers,
subject to the attached "General Provisions and Development Standards" (Attachment 1) which constitute
regulations for the use, improvement, and maintenance of the 28.94 acre parcel (portion of 986-0001~001-
10). Except as specifically included in Attachment I attached and made a part of this Resolution,
development and operation of land use activities within this Rezone shall be subject to the current City of
Dublin Zoning Code.
2
BE IT FURTHER RESOLVED THAT the Dublin Planning Commission does hereby
condition this Planned Development Rezone on substantial conformance of the Land Use and
Development Plan (comprised of the Tentative Map and Site Development Review) with the General
Provisions and Development Standards approved with this Planned Development Rezone and the Eastern
Dublin Specific Plan.
a. The Community Development Director shall determine conformance or non-
conformance and the appropriate approval procedure for modifying this Planned Development
Rezone (e.g., administrative, conditional use permit, or revised Planned Development Rezone).
b. Major modifications or revisions found not to be in substantial conformance with
this Planned Development Rezone shall require a new Planned Development Rezone. Any
subsequent Planned Development Rezone may address all or a portion of the area covered by this
action.
BE IT FURTHER RESOLVED THAT the Dublin Planning Commission does hereby
condition this Planned Development Rezone on execution of an Development Agreement in accordance
with the Eastern Dublin Specific Plan.
PASSED, APPROVED, AND ADOPTED this 9th day of February, 1999.
AYES:
NOES:
ABSENT:
Cm. Jennings, Johnson, Hughes, Musser, and Oravetz
Community Development Director
g:pa98-063/pcpdreso