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Home My WebLink AboutPC Reso 98-21 PA98-010 Rec CC Park Sierra PD REz RESOLUTION NO. 98-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL APPROVAL OF AND ESTABLISHING FINDINGS AND GENERAL PROVISIONS FOR A PLANNED DEVELOPMENT (PD) REZONING CONCERNING PA 98-010, PARK SIERRA APARTMENT PROJECT PHASE II, SHEA PROPERTIES WHEREAS, Shea Properties has requested approval of a Planned Development Rezoning to establish General Provisions and Development Regulations for a residential development consisting of 74 apartment units on approximately 5.7 acres of land generally located on the west side of Dougherty Road north of the former Southern Pacific Railroad tracks (APNs 941-0007- 001-02 & 941-0007-002-00) ); and WHEREAS, a completed application for a Planned Development Rezoning is available and on file in the Dublin Planning Department; and WHEREAS, a Mitigated Negative Declaration has been prepared for this project with the finding that with the implementation of mitigation measures contained in the Initial Study, there will be no significant environmental impacts; and WHEREAS, the Planning Commission did hold a public hearing on said application on May 26, 1998; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted recommending that the Planning Commission approve the Planned Development Rezone subject to conditions prepared by Staff; 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 is harmonious and compatible with existing and potential development in the surrounding area because design elements and conditions of approval of Site Development Review insure that impacts to surrounding existing and potential development are insignificant; and 2. The subject site is physically suitable for the type and intensity of the PD Multi- Family Zoning District because it is a relatively level vacant site, of sufficient size to accommodate the proposed project, and is near all necessary public facilities; and 3. The Planned Development rezone, as conditioned, is consistent with the general provisions, purpose and intent of the PD District Zone of the Zoning Ordinance and the General Plan. The Planned Development Zone will be appropriate for the subject property in terms of providing General 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 commercial, industrial and residential uses in the immediate vicinity, and will enhance development of the general area; and 4. The Planned Development Rezoning will not have a substantial adverse effect on the health or safety of individuals residing or working in the vicinity, or be substantially detrimental to the public welfare or be injurious to property or public improvement as all applicable regulations will be met; and 5. The Planned Development Rezoning will not overburden public services or facilities as all agencies have commented that public services are available; and 6. The Planned Development Rezoning will be consistent with the policies of the Dublin General Plan designation of Medium Density Residential since the project would allow development within the density range allowed by this General Plan land use category; and 7. The Planned Development rezoning will create an attractive, efficient and safe environment though Conditions of Approval; and 8. The Planned Development Rezoning will benefit the public necessity, convenience and general welfare and is in conformance with applicable provisions of the Dublin Zoning Ordinance; and 9. The Planned Development Rezoning will provide an environment that encourages the efficient use of common areas as well as resources. NOW, THEREFORE BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby recommend City Council approval of a Planned Development Rezoning, including the following General Provisions and Development Standards for PA 98- 010, Park Sierra Apartments Phase II, which constitute regulations for the use and improvements for 5.7 acres generally described as APNs 941-0007-001-02 & 941-0007-002-00). GENERAL PROVISIONS AND DEVELOPMENT STANDARDS GENERAL PROVISIONS mo Purpose This approval is for a Planned Development (PD) District for PA 98-010, Park Sierra Apartments Phase II. This PD District Rezone includes a Land Use and Development Plan, which is represented by materials labeled Exhibit A, stamped "approved" and on file in the Dublin Planning Department, which includes a Site Plan and Elevations prepared by Thomas P. Cox, Architect, dated Received April 14, 1998 and a Conceptual Landscape Plan prepared by Don Rose and Associates dated received April 14, 1998, and a Preliminary Grading and Utility Plan, prepared by Ruggeri-Jensen and Associates, dated received April 14, 1998. The PD District allows the flexibility needed to encourage innovative development while ensuring that the goals, policies and action programs of the General Plan are implemented. Bo Dublin Zoning Ordinance-Applicable Requirements Unless as specifically modified by the provisions of the PD District rezone, all applicable and general requirements and procedures of the Dublin Zoning Ordinance and the R-M Zoning District shall apply to the PD Multiple Family Residential designated lands in the PD District. C. General Provisions and Development Standards Intent: This Planned Development is to be established to provide for and regulate the development of the Park Sierra Apartment project. Development shall be generally consistent with the Land Use Development Plan. This approval rezones 5.7 acres of land currently zoned Planned Development (PD)-Zoning Unit 1418 to Planned Development (PD)-Multi-Family. 2. PD Multi-Family Residential Permitted Uses: The following principal uses are permitted in the PD Multi-family Family Residential District: A. Residential development limited to: Apartments, condominiums and townhouses Private recreational facilities associated with a multi-family development o Prohibited Uses: The following uses are prohibited in the PD Multi-family Residential District: 1. Field crops 2. Orchards 3. Plant Nurseries Conditional Uses: All conditional uses in the R-M Zoning District are conditional uses in the PD Multi-family Residential District with the exception of the prohibited uses listed above. Setbacks and Yards Development Standards: Development standards within the PD Multi-family District are as follows: Building Site Per Land Use and 6,000 square feet Development Plan Yards/Setbacks Front Rear Side 20 feet (may include required noise barrier) 10 feet 10 feet 20 feet 20 feet 10 feet + 1 foot per each 10 feet lot frontage exceeds 50 feet Building Height 40 feet 45 feet Lot Coverage Per Land Use and 40% Development Plan PLANNED DEVELOPMENT REZONE CONDITIONS OF APPROVAL Unless otherwise stated, all Conditions of Approval shall be complied with prior to final occupancy of any building and shall be subject to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance with the Conditions of Approval: [PL] Planning, [B] Building, [PO] Police, [PW] Public Works, [ADM] Administration/City Attorney, [PCS] Parks and Community Services, [FIN] Finance, [F] Fire, [DSR] Dublin San Ramon Services District, [CO] Alameda County Flood Control and Water Conservation District Zone 7. The Land Use and Development Plan is conceptual in nature. No formal amendment of this PD Rezone shall be required so long as the materials submitted for the Site development Review are in conformance with the PD Rezone. The Community Development Director shall determine conformity or non-conformity and appropriate procedures for modifying this PD Rezone (i.e., staff approval, Planning Commission approval of a Conditional Use Permit, etc.). Major modifications or revisions not found to be in substantial conformance with this PD Rezone shall require a new PD Rezone. [PL] Additions to residences in the project are prohibited. [PL] Prior to issuance of building permits, a General Plan Amendment shall be approved by the City Council, changing the land use designation of the site to Medium-High Density Residential. [PL] PASSED, APPROVED and ADOPTED this 26th day of May, 1998. AYES: NOES: ABSENT: Cm. Jennings, Johnson, Hughes, and Musser Cm. Oravetz ~lhn~ninrg Commissio~/l~hairperson v ATTEST: Community Development Director