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HomeMy WebLinkAboutReso 054-98 PD Rez Casterson RESOLUTION NO. 54 - 98 A RESOLUTION OF TItE CITY COUNCIL OF ~ CITY OF DUBLIN APPROVING AND ESTABLISHING FINDINGS AND GENERAL PROVISIONS FOR A PLANNED DEVELOPMENT (PD) REZONE/DEVELOPMENT PLAN CONCERNING PA 97-040 CASTERSON DEVELOPMENT (Tract No. 6979) WHEREAS, James Tong, on behalf of Clyde Casterson (Applicant/Developer), has requested approval of a Specific Plan/General Plan Amendment and Planned Development Rezone/Developmem Plan (Extn'bit A-l) to allow for the subdivision of a 19 + acre parcel for a residential subdivision of 109 residential lots, with public and private open space, and a regional trail along the Tassajara Creek stream corridor, in the Eastern Dublin Specific Plan area; and WHEREAS, the Applicant/Developer has submitted a Development Plan as required by Chapter 8.32 of Title 8 ofthe City of Dublin Municipal Code which meets the requirements of said Chapter; and WHEREAS, a developmem agreement will be approved prior to recordation of a final map for the project as is required by the conditions of approval set forth herein; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) the City has found, pursuant to CEQA Guidelines Section 15182, 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 (SCH 91103064) and the Mitigated Negative Declaration for the Eastern Dublin Specific Plan Amendment and City of Dublin General Plan Amendment (SCH 96092092), and site-specific environmental affects have been analyzed in an initial study dated February 24, 1998, and circulated for public review, during which time 2 comments were received on the proposed Negative Declaration; and WHEREAS, the Planning Commission has reviewed and recommended approval of a Negative Declaration for this project (Resolution N°. 98-14); and WHEREAS, the Developmem Plan (including Stages 1 and 2) and Planned Developmem Standards are attached to the City Council Staff Report as Exhibit A-1 and incorporated herein by reference; and WHEREAS, the Planning Commission did hold a properly noticed public hearing on said application on April 14, 1998, and did adopt a Resolution recommending that the City Council approve and establish General Provisions and Development Standards for a Planned Development Rezoning for PA 97-040; and WHEREAS, a properly noticed public hearing was held by the City Council on May 5, 1998; and WllEREAS, the StaffReport was submitted recommending that the City Council approve the application;.' and WHEREAS, the City Council did hear and use their independem judgment and consider all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby find that: 1. The Planned Development Rezone is consistent with the general provisions, intent, and purpose of Chapter 8.32 of Title 8 of the Municipal Code regarding Planned Development Zoning Districts. The Planned Development Rezone 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 residential, educational and commercial uses in the immediate vicinity, and will enhance development of this area; and 2. The Planned Development Rezone is consistent with the general provisions, intent and purpose of the Eastern Dublin Specific Plato The Rezone implements the intent and development standards identified in that document and will thereby serve to implement the provisions of the Eastern Dublin Specific Plan in this area; and 3. The Planned Development Rezone is consistent with the intent of the General Plan which designates this area as Medium Density Residential in that the Planned Development Rezone will implement the intent of this Land Use Designation and because the project would create development within the densities allowed by this Designation; and 4. The Planned Development Rezoning will not have a substantial adverse affect on health or safety or be substantially detrimental to the public welfare or be injurious to property or public improvements as all applicable regulations will be met; and 5. The Planned Development Rezoning will not overburden public services as all agencies will have to commit to the availability of public services prior to issuance of building permits as required by the Eastern Dublin Specific Plan policies and mitigation measures; and 6. The Planned Development Rezoning will create an attractive, efficient and safe environment through the implementation of the standards identified in the Rezone document; and 7. The Planned Development Rezoning will benefit the public necessity, convenience and general welfare and is in conformance with Chapter 8.32 of Title 8 of the City of Dubfin Municipal Code; and 8. The Planned Development Rezoning will be compat~le with and enhance the general development of the area because it will be developed pursuant to the standards and site development review; and 9. The Planned Development Rezoning will provide an environment that will encourage the efficient use o£common areas to create an innovative type of residential development. BE IT FURTHER RESOLVED THAT Except as specifically included in Exhibit A-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 Dubfin Zoning Code except as specifically included in Exhibit C-1 attached, developmem and operation of land use activities within this planned development, shall be subject to the current City of Dublin Zoning Code. 2 BE IT FURTHER RESOLVED THAT the project development occurring under the approved Planned Development Rezone/Development Plan must be in substantial conformance of Development Plan, labeled Exhibit A-1 to this resolution, 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., admini.qtrative, conditional use permit, or amendment to 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. c. A development agreement shall be approved for this project prior to recordation of a final map for the project. BE IT FURTHER RESOLVED THAT the approval of the PD Rezone/Development Plan is contingent upon execution of an Development Agreement in accordance with the Eastern Dublin Specific Plan; and BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby approve a Planned Development Rezoning subject to the adoption of the Ordinance, General Provisions and Development Standards (Extffbit C-1 to the StaffReport) which constitute regulations for the use, improvement and maintenance ofthe property, and the following condition ofapproval: PASSED, APPROVED AND ADOPTED this 5th day of May 1998. AYES: NOES: None ABSENT: Councilmember Howard ABSTAIN: None Councilmembers Barnes, Burton, Lockhart and Mayor Houston ~..i~lerk ~ /G/5-5-98/resocas3. doc PA97-040\ccpdres GENERAL PROVISIONS AND DEVELOPMENT STANDARDS PLANNED DEVELOPMENT REZONE FOR CASTERSON PROPERTY RESDENTIAL DEVELOPMENT PA 97-040 GENERAL PROVISIONS A. Purpose This approval is for a Planned Development (PD) District Rezone for the Casterson Property, PA 97-040, including adoption of a Development Plan, which also is represented by the Tentative Map and Site Development Plan, the Preliminary Landscape Plan, other plans, exhibits, and written statements contained in the document dated received April 8, 1998, labeled Exhibit A- 1 to this Resolution, and 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, Eastern Dublin Specific Plan, and provisions of Section 8.32 of the Zoning Ordinance 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/Development Plan, all applicable general requirements and procedures of the Dublin Zoning Ordinance shall be applied to the land uses designated in this PD District Rezone. 4 EXHIBIT C-1 Co General Provisions and Development Standards Intent: This PD District Rezone/Development Plan is to establish, provide for, and regulate the development of the Casterson Property Residential Subdivision. Development shall be generally consistent with the Development Plan. 2. PD Residential- Medium Density Permitted Uses: The following principal uses are permitted by this PD Residential District: Residential development limited to: 1. Medium Density Detached houses 2. Up to 109 units Bo Open Space: 1. Stream Corridor 2. Regional Trail & associated low-impact trail facilities (benches, trash containers, etc.) 3. Access Roadways PrOhibited Uses: The following uses are prohibited in this PD Residential District: 2. 3. 4. 5. Field Crops Orchards Plant Nurseries Greenhouses used only for cultivation ofptant materials for sale 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 within this PD Residential District are as follows. Lot Dimensions: 45' wide x 70' deep minimum Lot Size: 3,150 square feet minimum Front Yard Front yard setbacks for detached residences should vary for Setbacks: · 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 12' 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. 5 Side Yard Setbacks 1. Internal lots: 2. comer lots: 4' min. sideyards 6' min. on street side Building Separation: 8' minimum between buildings (one side only, preferably the garage side) Rear Yard Setbacks: Rear yard setbacks are important for establishing privacy and separation between residences, as well as providing for usable recreation space. Minimum: 5' Average: 15' Accessory Structures: Accessory structure setbacks shall be modified fi.om the Dublin Zoning Ordinance standards for this project as follows: Hot Tubs/Spas with no trellis or overhead structure: Side yard - Rear yard - Distance fi.om house - 3feet 3 feet 10 feet at windows 4 feet at solid wall or "protected window" * * Contact City of Dublin Building Department for definition Hot Tubs/Spas with trellis or overhead structure, or patio cover structure: SIDE YARD - 5 feet REAR YARD ~ 5 feet DISTANCE FROM HOUSE - 6 feet Building Height: 35' maximum, 2 stories Architectural Projections: Eaves, fireplaces, niches, bay windows, cantilevered floor area (balconies, second floor overhangs, etc.), porches, other architectural projections and air conditioning equipment may project 2' into required sideyards, but never closer than 3' fi.om the property line. Residential Massing: Single story elemems are encouraged at comers and throughout to break up 2-story massing. The maximum building height shall be 35 feet. Parking/Garages: Each unit shall be provided with a two-car garage at a minimum of 19' x 19' clear area, plus two spaces in the driveway apron, and one guest parking space for each unit. Guest parking may be located on-street or in specifically designated guest parking areas. 6 Consideration shall be given to the placement, orientation, and treatment of the garages and garage doors. Suggested design criteria include: 1. Designing the residence to extend forward of the garage door(s). 2. Designing the front door of the residence to appear on a different elevation than the garage door (comer lots) 3. General Provisions ^) The project applicant/developer shall enter into a Development Agreement with'the City of Dublin prior to Final Map approval, which shall contain, but not be limited to, provisions for financing and timing of on and off-site infrastructure, payment of traffic, noise and public facilities impact fees, affordable housing, ownership and maintenance of creek and open space areas, and other provisions deemed necessary by the City to find the project consistent with the Eastern Dublin Specific Plan. B) As part of Final Map approval, the dedication for ownership of open space and trail corridors shall be designated. No credit for these areas and improvemems shall be given towards parkland dedication requirements. All facilities and landscaping within the open space and common areas, including the "tot-lot" playground & landscaping, intermittent stream and open space corridor shall be subject to approval of the Community Development Director. c) The developer shall be required to pay a Public Facilities Fee in the amounts and at the times set forth in City of Dublin Resolution No. 32-96, adopted by the City Council on March 26, 1996, Or in the amounts and at the times set forth in any resolution revising the amount of the Public Facilities Fee.