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HomeMy WebLinkAboutReso 009-98 SummerGlen PD RezRESOLUTION NO. 9 - 98 A RESOLUTION OF THE CITY COUNCIL OF ~ CITY OF DUBLIN APPROVING AND ESTABLISHING FINDINGS, GENERAL PROVISIONS AND DEVELOPMENT STANDARDS, AND CONDITIONS OF APPROVAL FOR A PLANNED DEVELOPMENT (PD) REZONE FOR PA 97-036, SUMMER GLEN WHF~REAS, Summerhill Homes of Palo Alto, 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 347 single family detached homes on approximately 75.51 gross acres, including a 10-acre school site, (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 8.32.040 of the Zoning Ordinance which meets the requirements of said section, and WI~'~REAS, Applicant/Developer has submitted a complete application for a Planned Development Rezone which is available and on file in the Planning Department; and WHF~REAS, a development agreement will be approved prior to recordation of a Tract Map/Parcel Map for the .project as required by the conditions of approval of the Tentative Map and the Eastern Dublin Specific Plan; and WltEREAS, 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 Wltlr~REAS, the Planning Commission did hold a public hearing on said application on December 23, 1997 and did adopt Resolution 97-030 recommending that the City Council approve and establish Findings, General Provisions and Development Standards, and Conditions of Approval for a Planned Development Rezone for PA 97-036, Summer Glen; and WItEREAS, the City Council received a StaffReport recommending that the Planned Development Rezone be approVed by the City Council subject to General Provisions and Development Standards and Conditions of Approval prepared by Staffand approved by the Planning Commission; and WItEREAS, a public hearing, properly noticed in all respects required by law, was held by the City Council on January 20, 1998; and WHEREAS, the City Council did hear and use their independent judgment in consideration of all said reports, recommendations, and testimony herein above set forth. Wlt-EREAS, said "General Provisions and Development Standards" are attached hereto as Exhibit NOW THEREFORE, BE IT RESOLVED THAT the Dublin City Council 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 Low Density Residential, Medium Density Residential, and Medium-High Density Residential and would result in development within the densities allowed by said designation; and 4. The Planned Development Rezone, as cOnditioned, will not have a substantial adverse effect on health or safety nor 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 2 natural and topographic landscape features along Tassajara Creek with minimum alteration of natural land forms; and BE IT FURTI~R RESOLVED TItAT the Covenant, Codes and Restrictions (CC&R) required by the Tentative Map shall include language satisfactory to the City of Dublin that the owner of each parcel shall disclose to any purchaser (including subsequent purchasers upon resale) the fact that the parcel is located near the Alameda County Santa Rita jail. BE IT FURTItER RESOLVED THAT the Dublin City Council does hereby approve a Planned Development Rezone for PA 97-036, Summer Glen, subject to the attached "General Provisions and Development Standards" (Exhibit 1) which constitute regulations for the use, improvement, and maintenance of the 75.5 acre parcel (portion of 986-0001-001-10), excluding the 10-acre school site. Except as specifically included in Exhibit 1 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. BE IT FURTllER RESOLVED TEIAT the Dublin City Council 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 Dkector shall determine conformance or non- conformance and the appropriate approval procedure for modif3dng 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 TItAT the Dublin City Council 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 20th day of January, 1998, by the following votes: AYES: NOES: None AB SENT: None ABSTAIN: None Councilmembers Barnes, Burton, Howard, Lockhart and Mayor Houston Mayor Exhibit 1: General Provisions and Development Standards for PA 97-036, Summer Glen 3 GENERAL PROVISIONS AND DEVELOPMENT STANDARDS PLANNED DEVELOPMENT REZONE PA 97-036, SUMMER GLEN GENERAL PROVISIONS A. Purpose This approval is for a Planned Development (PD) District Rezone for PA 97-036, Smmner Glen. This PD District Rezone is part of a Land Use and Development Plan which also is represented by the Tentative Map 6976 and Site Development Plan (both dated November 14, 1997), the Preliminary Landscape Plan dated November 18, 1997, and the written statements provided by the Applicant dated received October 3, 1997 all on file in the Planning Department. The PD District Rezone allows the flexibility needed to encourage innovative development while ensuring that the goals, policies, and action programs of the General Plan and Eastern Dublin Specific Plan are satisfied. More particularly, the PD District Rezone is intended to ensure the following: The approval of this PD District Rezone shall be pursuant to the terms set forth in the Development Agreement to be approved by the City of Dublin and recorded prior to recording of the Final Map. In the event of conflict between the terms of the Development Agreement and the following conditions, the terms of the Development Agreement shall prevail. ~ Encourage innovative approaches to site planning, building design, and housing construction offering a wide range of living styles, unit sizes, and amenities for all segments of the community. 3. Create an attractive, efficient, and safe environment. Develop an environment that encourages social interaction and the use of common open areas and other amenities for neighborhood or community activities. 5. Create an environment that decreases dependence on the private automobile. B. Dublin Zoning Ordinance - Applicable Requirements Except as specifically modified by the provisions of this PD District Rezone, all applicable general requirements and procedures of the Dublin Zoning Ordinance R-1 District shall be applied to the area designated in this PD District Rezone. EXHIBIT lA General Provisions and Development Standards 1. Intent: This PD District Rezone is to establish, prOvide for, and regulate the development of the Summer Glen Subdivision. Development shall be generally consistent with the Land Use and Development Plan. 2. PD Residential - Single Family Permitted Uses: The following principal uses are permitted by this PD Residential District: A. Residential development limited to: 1. Single Family Detached houses 2. 347 units Prohibited Uses: The following uses are prohibited in this PD Residential District: 1. Field Crops 2. Orchards 3. Plant Nurseries 4. Greenhouses used only for cultivation of plant materials for sale 5. Hospital Conditional Uses: All conditional uses in the R-1 District are conditional uses in this PD Residential District with the exception of prohibited uses listed above. Development Standards: Development standards within this PD Residential District are as follows. Product A: Lot Dimensions: 50' x 75' min. Front Yard Setbacks: Front yard setbacks for detached residences should vary for visual interest, where possible, along through-streets. 1. Front entry garages 18' min. from back of sidewalk 2. Front porch 10' min. from back of sidewalk 3. Front of house 13' min. from back of sidewalk (All dimensions shall be from back of right-of-way line.) Note: Sectional garage doors with automatic openers are required for all residences with driveways less than 20 feet. Exhibit lA Page 2 of 6 Side Yard 1. Setbacks: 5 feet min. sideyards ~ 2. comer lots: 10 feet min. on street side 3. adjacent to Product C: 15 feet min. Note: Allowances may be made for decreased sideyards to a minimum of 5 feet on "pie shaped" lots. Rear Yard Setbacks: Rear yard setbacks are important for establishing privacy and separation between residences, as well as providing for usable recreation space. 15' min. Architectural Projections: Eaves, fireplaces, niches, bay windows, cantilevered floor area, porches, and air conditioning equipment may project 2' into required sideyards, but never closer than 3' from the property line and 2' into required rear yard, except air conditioning equipment, which must be fully situated within the rear yard set-back. Residential Massing: Single story elements are encouraged at comers and throughout to break up 2-story massing. The maximum building height shall be 35 feet. ~,~; Parking/Garages: Consideration shall be given to the placement, orientation, and treatment of the garages and garage doors. Two covered spaces are required. Suggested design criteria include: 1. Designing the residence to extend forward of the garage door(s). Provide two (2) garage spaces, minimum 19' x 19' clear, and two (2) spaces in the driveway apron. Product B: Lot Dimensions: 56' x 90' min. Front Yard Setbacks: Front yard setbacks for detached residences should vary for visual interest, where possible, along through-streets. Front entry garages Exhibit lA Page 3 of 6 18' min. from back of sidewalk Note: 2. Front porch 10" min. from back of sidewalk 3. Front of house 13' min. from back of sidewalk (All dimensions shall be from back right-of-way line.) Sectional garage doors with automatic openers are required for all residences with driveways less than 20 feet. Side Yard Setbacks: 1. Setback (typical) 7 feet min. sideyards 2. Setback (one-story) 5 feet min. sideyard 3. comer lots 10 feet min. on street side Note: Allowances may be made for decreased sideyards to a minimum of 5 feet on "pie shaped" lots. Rear Yard Setbacks: Rear yard setbacks are important for establishing privacy and separation between residences, as well as providing for usable recreation space. 20' min. with exception of single story homes which may have a minimum of 5 feet, providing the resulting rear yard contains a minimum of rear yard of 500 sf.. Architectural Projections: Eaves, fireplaces, niches, bay windows, cantilevered floor area, porches, and air conditioning equipment may project 2' into required sideyards, but never closer than 3' from the property line and 2' into required rear yard except air conditioning equipment, which must be fully situated within the rear yard set-back. Residential Massing: Single story plans/elements are encouraged at comers and throughout to break up 2-story massing. The maximum building height shall be 35 feet. parking/Garages: Consideration shall be given to the placement, orientation, and treatment of the garages and garage doors. Two covered spaces are required. Suggested design criteria include: 1. Designing the residence to extend forward of the garage door(s) Provide two (2) garage spaces, minimum 19'x 19' clear, and two (2) spaces in the driveway apron. Exhibit lA Page 4 of 6 Product C: Lot Dimensions: 65' x 100' min. Front Yard Setbacks: Front yard setbacks for detached residences should vary for visual interest, where possible, along through-streets. 1. Front entry garages 20' min. from back of sidewalk 2. Side entry garages 15' min. from back of sidewalk 3. Front porch 14' min. from back of sidewalk 4. Front of house 20' min. from back of sidewalk (All dimensions shall be from back of curb if no sidewalk is constructed.) Note: Sectional garage doors with automatic openers are required for all i'esidences with driveways less than 20 feet. Side Yard Setbacks: 1. Setback (typical) 7 feet min. sideyards 2. comer lots 10 feet min. on street side Note: Allowances may be made for decreased sideyards to a minimurF- of 5 feet on "pie shaped" lots. Rear Yard Setbacks: Rear yard setbacks are important for establishing privacy and separation between residences, as well as providing for usable recreation space. 15' min. with a 20' average Architectural Projections: Eaves, fireplaces, niches, bay windows, cantilevered floor area, porches, and air conditioning equipment may project 2' into required sideyards, but never closer than 3' from the property line and 2' into required rear yard except air conditioning equipment, which must be fully situated within the rear yard set-back. Residential Massing: Single story plans/elements are encouraged at comers and throughout to break up 2-story massing. The maximum building height shall be 35 feet. Parking/Garages: Consideration shall be given to the placement, orientation, and treatment of the garages and garage doors. Two covered spaces are required. Suggested design criteria include: Exhibit lA Page 5 of 6 1. Designing the residence to extend forward of the garage door(s) 2. Side entry garages 3. Split two-car and single-car garages 4. tandem bay for a 3-car garage Provide two (2) garage spaces, minimum 19' x 19' clear, and two (2) spaces in the driveway apron. g:pa\97-O36\gp&ds Exhibit lA Page 6 of 6