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HomeMy WebLinkAbout8.1 Exhibit A Attmt 1 Ord PD RezoneORDINANCE NO. XX - 09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A PD-PLANNED DEVELOPMENT REZONE AND A RELATED STAGEl/STAGE 2 DEVELOPMENT PLAN FOR ARROYO VISTA LOCATED AT 6700 DOUGHERTY ROAD (APN 941-0007-001-07) PA 07-028 THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: Section 1. RECITALS A. This Ordinance rezones the subject property located at 6700 Dougherty Road from PD, Planned Development (1418 ZU) to PD, Planned Development (PA 07-028) with a Stage 1/Stage 2 Development Plan. Section 2. FINDINGS AND DETERMINATIONS A. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as follows: 1. The Arroyo Vista Planned Development Zoning, including aStagel/Stage 2 Development Plan, meets the purpose and intent of Chapter 8.32 because: it provides a comprehensive development plan that is tailored to the Residential and Public/Semi-Public land uses 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 residential development and Dougherty Road. 2. The PD rezone with Stagel/Stage 2 Development Plan for Arroyo Vista will be harmonious and compatible with existing and potential development in the surrounding area in that: 1) the land uses and Site Plan establish a Residential and Public/Semi-Public development; 2) the proposed Project is consistent with the type of development, residential, envisioned in the General Plan, as amended, and also provides space for Public/Semi-Public land uses; 3) the Project Site has been designed to reduce impacts on the adjacent residential uses and to be compatible with the residential development in the vicinity; 4) the Development Plan will provide for housing to meet the City's need for affordable units and will provide a daycare facility which will provide aSemi-Public facility to meet the needs of the residents in the vicinity; and 5) the Project has been attractively designed and is compatible with the neighborhood in which it is located. B. Pursuant to Section 8.120.OSO.A and B of the Dublin Municipal Code, the City Council finds as follows: 1. The PD rezone with Stagel/Stage 2 Development Plan for Arroyo Vista will be harmonious and compatible with existing and potential development in the surrounding area in that: 1) the land uses and Site Plan establish a Residential and Public/Semi-Public Project; 2) the proposed Project is consistent with the type of development, residential, envisioned in the General. Plan, as amended, and also provides space for Public/Semi-Public land uses; 3) the Project Site has Page 1 of 10 EXHIBIT A TO ATTACHMENT 1 been designed to reduce impacts on the adjacent residential developments and to be compatible with the residential uses in the vicinity; 4) the Development Plan will provide for housing to meet the City's need for affordable units and will provide a daycare facility which will provide aSemi-Public facility to meet the needs of the residents in the vicinity; and 5) the Project has been attractively designed and is compatible with the neighborhood in which it is located. 2. The Project Site is physically suitable for the type and intensity of the zoning district being proposed because: 1) the residential portion of the Project Site will have a density of 15.9 units per acre which is consistent with the amended General Plan land use designation of Medium/High-Density Residential land use. designation; 2) the daycare will have a Floor Area Ratio of .22 which is consistent with the maximum FAR for Public/Semi-Public land uses in the General Plan; 3) the Site is accessible by three entrances off of Dougherty Road an existing street; 4) the Development Plan will provide for housing to meet the City's need for affordable units and will provide a daycare facility which will provide aSemi-Public facility to meet the needs of the residents in the vicinity; and 5) the Site is currently developed with residential uses and is relatively flat, and is therefore physically suitable for the type and intensity of the proposed Planned Development Zoning district. 3. The PD rezoning with Stagel/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 and welfare because: the Project will comply with all applicable development regulations and standards and will implement all applicable mitigation measures in the Arroyo Vista Environmental Impact Report and the Environmental Assessment (Finding of No Significant Impact pursuant to the National Environmental Policy Act). 4. The PD rezoning with Stagel/Stage 2 Development Plan is consistent with the Dublin General Plan because: 1) the proposed residential development,. community building and daycare facility is consistent with the amended General Plan land use designations of Medium/High Density Residential and Public/Semi-Public; 2) the proposed Project is consistent with the City's goal of developing Public facilities within the City to meet the needs of the residents; 3) the residential development will provide affordable and market-rate housing as well as a mix of housing types which is consistent with the General Plan Land Use and Circulation Element Goal A and Policy C; and 4) the Project includes an attractive development with new dwellings, new daycare 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), on ,the City Council adopted Resolution No. certifying an Environmental Impact Report (EIR) (SCH #2007122066) and making all required findings, which resolution is incorporated herein by reference. D. On 2009, the City Council adopted Resolution No. approving the companion General Plan Amendment for the Project, which resolution is incorporated herein by reference. Page 2 of 10 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: 24.13+ gross acres within APN 941-0007-001-07 DOC 1986 277644 for PA 07-028. A map of the rezoning area is shown below: ~ ~~~ ~; '~, `~ ,. <~ =. t z;~_ iy >~~~ 4 s~ 1, ~~ /'~ ~'M=iy i .~~ ~ k I ,ru~'~rrrt~ n~~ ~~~ ~h ? ~fy~E~ ~ ~ ~ ,~ ' d_ ~r. ~ :'. . ry, r ~.~ r :' ~ntEn>3~iit t a It7 ~>. i „~. A ~ ~ ~~{ r F^` s ; Y ~ 7F ~ .._ IiTH ST =mot /~;: {_~N ~Ta rw.~:.~; Y°~~t ~ I!T}1ST~ a » 'f ~ ;, I Oit1 ST ti d w ~ . N . . ~ ~ ~ j_ . q .~ ~r ~'1L ~ ;~.;t'ES': ST t-i 7TH YitadBFi `,GiJ1FC7 ~~ l.~f :i ~ * w: 'r, ';~' , ~t ~~ nrv~ctP~~:~ea~~v r ~4 ri ~.: +~ b i ~~~~`ry ° ~ ^1Thl ST r ~~'Y"'wf ~ _ 1 r ..~,,_~~ ;, ~.N~ ~ a Section 4. STAGE 1/2 DEVELOPMENT PLAN Arroyo Vista The regulations for the use, development, improvement, and maintenance of the subject property are set forth in the following Stage 1/Stage 2 Development Plan, which is hereby approved. Any amendments to the Stage 1/Stage 2 Development Plan shall be in accordance with Section 8.32.080 of the Dublin Municipal Code. 1. 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; and. e) provide necessary space for off- street parking of automobiles. Page 3 of 10 Permitted Uses Accessory structures and uses in accordance with Section 8.40.030 of the Dublin Zoning Ordinance Animal Keeping -Residential Community Building with Community Serving Uses (for use by the residents of Arroyo Vista only) 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) and Offices Related to the Affordable Housing Project (Eden Housing portion of the Site) Multi-Family Dwelling Private Recreation Facility (for homeowners' association and/or tenants use only) Single Family Residence Small Family Day Care Home Similar and related uses as determined by the Community Development Director Conditional Uses Community Facility Community Care Facility/Large 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 The reviewing body for these conditional uses shall be the same as the reviewing body for the uses in the R-M, Multi-Family Residential) Zoning District listed in Chapter 8.12, Zoning District and Permitted Uses of Land, of the Zoning Ordinance. Temporary Uses Please refer to Zoning Ordinance Chapter 8.108 for a list of permitted temporary uses and permit procedures. PD-Public/Semi-Public Intent. Public/Semi-Public land use designations are established to provide Quasi-Public uses, such as daycare centers, private schools, theaters and other similar uses which benefit the community. Permitted Uses Uses including but not limited to: School (private) Day Care center Community Center Similar and related uses as determined by the Community Development Director Conditional Uses Community Facility All other uses deemed to be consistent with the General Plan land use designation of Public/Semi- Public, as determined by the Community Development Director. Page 4 of 10 The reviewing body for these conditional uses shall be the same as the reviewing body for the uses in the R-M, Multi-Family Residential) Zoning District listed in Chapter 8.12, Zoning District and Permitted Uses. of Land, of the Zoning Ordinance. Temporary Uses Please refer to Zoning Ordinance Chapter 8.108 for a list of permitted temporary uses and permit procedures. 2. Stage 1 and Stage 2 Site Plan. _ ,, ~ ~ S _- ii w >. _____~_ r ` ~.'~ .. C `~ i i .....__.~ rn txx+ mo+ 61M-Af ~i tu/St AL ' ~. Gvuruv _. __. ~ ___ PJBIJf3CNLP~IPAIV ` _ _~ _ __ 3._ __ .. ___ -_ _ _ _[Jk AC x ... _ t ~ ~ee ___~ __ ~~A _ ~ ,.y i r wm- '-. ,. ~ _ ..~.. w „_ _ :J ~~ ._-_-_ l I .''' _ T t Q:A110M ~i .. + 12Y AC 1 ~ ~ x L ~ i~.a ___ __~ AAI8CT3R " ~ i ~ _• 1 1E6DNMAI4H Ob'V9RYYF8m4. IW. i ~dLs~.~~~ 3. Site area, proposed densities, maximum number of residential units, maximum square footage of non-residential area. Land Use Gross Net Density Maximum Number of Maximum Non-Residential Designation Acres Acres Dwelling Units Square Footage Medium/High 23 79 23.46 14.1 to 25.0 units 378 3,200 Square Feet* Densi Residential er acre Public/Semi-Public 0.34 0 7,405 Square Feet Facilities 0.34 .SO FAR *Community Building 4. Development Regulations.. - Eden Housing A.ffordablc Pro'ect) ----- f~linimum Minimum Setbacks Building to Dougherty Road Pro erty Line 15' Building to West Pro e Bounda 15' Maximum Lot Covera a 60% Maximum Floor Area Ratio (Public/Semi- Public land use desi nation .SO FAR Maximum Buildin Hei ht 45' and 3 stories Accessor Structures Per Zoning Ordinance Parkin S aces Re uired Affordable A artments 1.82 arking stalls er unit Senior Apartments 0.76 parking stalls per unit Childcare Facility 1 er em loyee lusl arking or loadin s ace er 5 children Community Building 10 Page5of10 Citation Homes Ceutr•~~t Market Rate Units) '~`[inirnum Attached Houses Minimum Setbacks - _- _ _ -- - Building to Dougherty Road Property Line 10' Building to Public Street Right-of--Way 10' Detached Houses Minimum Setbacks Front Yard 8' (4' from porch) Rear Yard 0' Side Yard 4' Minimum Lot Size -Attached 1,950 Square Feet Maximum Lot Covera e 78% Maximum Buildin Hei ht 40' and 3 stories Accessor Structures Per Zoning Ordinance Parkin S aces Re uired Attached Houses 2 stalls located inside a garage with a minimum unobstructed dimension of 20 feet x 20 feet plus 0.5 guest parkin stall er unit Detached Houses 2 stalls located inside a garage with a minimum unobstructed dimension of 20 feet x 20 feet plus 1 guest parking stall per unit General Residential Yard Provisions: Air conditioning units for the detached units shall be screened from view and located in the side yard. Air conditioning units may be located on the property line as long as one side maintains a minimum 3 foot wide unobstructed (clear) path from the front yard to the alley. Air conditioning units for the attached houses shall be located at grade and shall be screened from view. 5. Architectural Standards. All improvements in this Zoning District shall be well designed and shall compliment the character and design of the surrounding neighborhood. All improvements and future improvements shall be compliment the design of the existing buildings and shall enhance the Site and be harmonious with high standards of improvements in the surrounding area. Future improvements shall be consistent with the purpose of Chapter 8.104, Site Development Review, in the Zoning Ordinance. All unsightly uses shall be screened from view. All equipment including HVAC units, conduits, piping, fire risers and trash containers shall be completely screened from view. Eden Housing Project The Eden Housing portion of the Project will be located in the center of the Arroyo Vista development. The overall design of this portion of the Project is the farmhouse design, with variations between each of the buildings, to complement the historical rural character of the City of Dublin. The Eden Housing portion of the project will consist of up to 180 affordable rental units ("Rental Component" of the project). Family Apartments The family apartment portion of this Project will have four different building types. Each unit will have a front porch and a small deck. The buildings within Eden Housing's portion of the Project have been designed with the farmhouse architectural theme. The farmhouse architectural style can be characterized through the use of simple materials and colors with shed roofs and windows. Materials which complement the design theme will be used on all of the elevations. Page 6 of 10 Citation Homes Housing The Citation Homes Central portion of the Project will be located adjacent to Dougherty Road and on the northern and southern portions of the property. The Citation Homes Central portion of the project will consist of up to 198 for-sale dwelling units ("For Sale Component"). The attached housing product is located adjacent to Dougherty Road and on the southern portion of the Site. The Applicants have proposed to use three different architectural designs: Craftsman, Contemporary American West and Cape Cod to complement the farmhouse design of the Eden Housing portion of the Project. While the Citation Homes Central architectural themes are different than the Eden .Housing design theme, the use of an American architectural style will reinforce the connection between the affordable and market rate portions of the Project. The front elevation of the single-family detached houses will face a landscaped paseo which is connected to the street by a sidewalk. The paseo will be landscaped with trees, shrubs and grasses. The garage to the houses can be accessed via an auto court. Cape Cod Design The design of these houses includes details such as gable roofs and covered front porches. Materials include stucco and horizontal wood siding, with horizontal wood siding comprising most of the building. Shutters are also used. Contemporary American West Design The Contemporary American West elevations incorporate architectural details which are consistent with this design theme. The use of rustic materials, including board and batten, horizontal wood and stucco siding will be used. Architectural details include the use of decorative wood trim, window ledges, attractive window frames, the use of muntins (grids) and shutters. A combination of porticos and covered porches will be used at the entrances to the units to promote visual interest. Craftsman Design Three different versions of the Craftsman design will be used in this Project. The Craftsman design theme features wood accents, variety of materials and gable roofs. For variety, a combination of stucco, wood shingle siding and horizontal wood siding will be used on the front elevation. Corbels and other wood accents, such as ledges, will also be used on this elevation to promote visual interest and in keeping with the craftsman theme. Enhanced Side Elevations In some cases, one of the sides of the house may face the street. When this situation occurs, an enhanced elevation will be used so that the portion of the house facing the street includes architectural details for visual interest, rather than a blank wall. Page7of10 6. Preliminary Landscaping Plan. 7. Phasing Plan. Construction of the Project shall be done in accordance with the Disposition and Development Agreement for the Redevelopment of Arroyo Vista between the City and the developers, in effect at the time of construction. 8. Statement of Consistency with General Plan. The PD rezoning and related Stage 1/2 Development Plan is consistent with the General Plan as amended through Resolution ,approving the companion General Plan Amendment. 9. Inclusionary Zoning Regulations. The affordable portion of the Project (Rental Component} and the market-rate portion of the Project (For Sale Component) shall comply with the City's Inclusionary Zoning Regulations (Chapter 8.68 of the Zoning Ordinance) unless the City Council by resolution. grants waivers of the requirements of Chapter 8.68, including but not limited to the affordability, dispersal, bedroom size, concurrent construction and preference point requirements of Chapter 8.68. The concurrent construction requirement of the Inclusionary Zoning Regulations (Section 8.68.030.D of the City's Zoning Ordinance) can be waived by the City Council by resolution if all of the following are met: (a) the affordable for-sale units in the For-Sale Component are constructed concurrently with the market rate for-sale units in the For-Sale component to a maximum of 126 for- sale units (112 market units and 14 affordable units); and (b) no building permit shall be issued for any units in the For-Sale Component in excess of 126 units unless [i] the developer of the Rental Component has secured financing for the entire Rental Component, to the satisfaction of the City Manager; [ii] the developer of the For Sale Component constructs affordable units that, together with the 14 affordable units, satisfy the Inclusionary Zoning Regulation's requirements for the For-Sale Component; or [iii] the developer of the For Sale Component pays fees in lieu of constructing the remaining affordable units required for compliance with the Inclusionary Zoning Regulation's 12.5% requirement for the For-Sale Component. In the event that the developer of the For Sale Component pays in lieu fees pursuant to (b)[iii], the City will place such fees in an account and shall return such Page 8 of 10 monies to the developer of the For Sale Component, with accrued interest, when the developer of the Rental Component has secured financing for the entire Rental Component, to the satisfaction of the City Manager. No Council resolution waiving the concurrent construction requirement of the Inclusionary Zoning Regulations shall be effective unless in compliance with the foregoing. 10. Aerial Photo. An a Section 5. 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 1/Stage 2 Development Plan. Section 6. 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. Page9oflQ PASSED, APPROVED AND ADOPTED BY the City Council of the City of Dublin, on this day of 2009 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G: (Arroyo VistalPC PHl CC Ordinance PD.DOC Page 10 of 10