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HomeMy WebLinkAboutPC Reso 98-42 PA98-035 Rec CC Tassajara Meadows PD Rez RESOLUTION NO. 98-42 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL APPROVE A PLANNED DEVELOPMENT (PD) REZONE / DEVELOPMENT PLAN FOR PA 98-035, TASSAJARA MEADOWS (Tract No. 7022) WHEREAS, Jeffrey McMullen, on behalf of Mission Peak Homes, has requested approval of a Planned Development Rezone/Development Plan to allow for the subdivision of a 11.7 + acre parcel for a residential subdivision of 95 residential lots, with public and private open space, in the Eastern Dublin Specific Plan area; and WHEREAS, Applicant/Developer has submitted a Development Plan (Exhibits A-1 & A-2) as required by Section 8.32 of the Zoning Ordinance which meets the requirements of said section, and WHEREAS, a development agreement will be approved prior to recordation of a Final 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 WHEREAS, the Planning Commission held a public hearing on said application on September 22, 1998; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted to the Planning Commission recommending approval of the project; 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 (PD) Rezone: 1. The PD Rezone is consistent with the general provisions, intent, and purpose of the Prezoning and Eastern Dublin Specific Plan (as modified) which designates this area as Medium Density Residential, in that the project would result in development within the densities allowed by said designation and will contribute towards implementation of said Plan; and 2. The PD Rezone 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 land use provisions which set forth the purpose and 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 3. The PD Rezone is consistent with the general provisions, intent, and purpose of the PD District Overlay Zone of the Zoning Ordinance in that it contains all information required by Section 8.32 of the Zoning Ordinance and accomplishes the objectives of Section 8.32.010, A through H, of the Zoning Ordinance; and 4. The PD Rezone will provide an environment that will encourage the use of common open areas for community or neighborhood activities and other amenities and will enhance development of the Specific Plan Area; and 5. The PD Rezone 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 6. The PD Rezone 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 7. The PD Rezone 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 8. The PD Rezone and accompanying Site Development Review, will create an attractive, efficient, and safe environment; and 9. The PD Rezone will benefit the public necessity, convenience, and general welfare; and 10. The PD Rezone and accompanying Site Development Review will be compatible with and enhance the general development of the area; and 11. The adopted Eastern Dublin Specific Plan Mitigation Monitoring Program will apply to the Project, along with the conditions made a part of project approval, as the reporting and monitoring program required by Public Resources Code Section 21081.6 for the Project. BE IT FURTHER RESOLVED THAT the Dublin Planning Commission does hereby recommend that the City Council approve a Planned Development Rezone & Development Plan for the Tassajara Meadows Residential Project (PA 98-035), and the" Development Plan" (Exhibits A-1 and A-2), which shall constitute regulations for the use, improvement, and maintenance of the property. Except as specifically included in Exhibits A- l and A-2, attached, and made a part of this Resolution, development and operation of land use activities within this Rezone which shall be subject to the current City of Dublin Zoning Code. 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 NOW THEREFORE BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby recommend City Council approval of the Planned Development Rezone for PA 98-035, subject to the Development Plan included as Exhibits A-1 and A-2 to this Resolution: PASSED, APPROVED AND ADOPTED this 22nd day of September, 1998. AYES: NOES: ABSENT: Cm. Jennings, Johnson, Hughes, Musser, and Oravetz Planning Commission Chairperson Community Development Director g:\98035\pcres-pd. 2