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HomeMy WebLinkAboutPCReso 97-23 PA96-038 Rec CC Dublin Ranch Area A NegDec/PD Rez RESOLUTION NO. 97- 23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL ADOPTION OF A NEGATIVE DECLARATION AND APPROVAL OF FINDINGS AND GENERAL PROVISIONS FOR A PLANNED DEVELOPMENT (PD) DISTRICT REZONE CONCERNING PA 96-038 DUBLIN RANCH AREA A WHEREAS, Ted Fairfield, representing property owner Jennifer Lin, submitted a Planned Development (PD) District Rezone request (PA 96-038 Dublin Ranch Area A) for rezoning an approximately 351.5 acre site to the following land uses: 135.3 acres to PD Low Density Residential, 71.5 acres to PD Rural Residential Agriculture, and 144.7 acres Open Space. These land uses are proposed to accommodate future development of up to 573 dwelling units in 7 neighborhoods, accessory recreational uses, a golf course, and related improvements. The project is generally located north of the Interstate 580 Freeway, along both sides of the planned Fallon Road extension, and east of Dublin Ranch Phase I, within the Eastern Dublin Specific Plan project area; and WHEREAS, on October 10, 1994, the City Council approved a Planned Development District Overlay Zone (Prezone) for a 1,538 acre site located within the adopted Eastern Dublin Specific Plan project area (PA 94-030) which: (a) established a Planned Development ("PD") District Overlay Zone designation for 1,538 acres known as the Eastern Dublin Reorganization annexation area; and in conformity with Action Program 4C of the Eastern Dublin Specific Plan. The PD District Overlay Zone 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 met; (b) adopted a Preliminary land plan, with the provision that regulations and standards governing the PD District Overlay Zone, in addition to land use and intensity of use, shall be established in conjunction with the Land Use and Development Plans which are required to be submitted in accordance with Dublin Ordinance 4-94; (c) and established zoning designations consistent with the Preliminary land plan, to provide for the variety of uses anticipated by the General Plan and Eastern Dublin Specific Plan; and WHEREAS, on November 14, 1994, the Alameda County LAFCo approved the Eastern Dublin Reorganization for PA 94-030; and WHEREAS, on January 12, 1995, the Alameda County LAFCo unanimously disapproved the request to reconsider the Eastern Dublin Reorganization approval (PA 94-030); and WHEREAS, on January 23, 1995, the City Council ordered the territory designated as Annexation/Detachment No. 10, which includes the 1,538 acre site, annexed to the City of Dublin and annexed to the Dublin San Ramon Services District and detached from the Livermore Area Recreation and Park District (PA 94-030); and WHEREAS, Annexation/Detachment No. 10, including 1,538 acres in Eastern Dublin, became effective on October 1, 1995; and EXHIBIT A g:\pa96038/pcpdresA2 WHEREAS, the entire annexation area was prezoned to Planned Development in accordance with the Eastern Dublin General Plan and Eastern Dublin Specific Plan and subject to further refinement of zoning use and development standards; and WHEREAS, the Dublin Ranch Area A project is located within the 1,538 acre site that was prezoned and annexed; and WHEREAS, the Applicant's PD Rezone application supplements the initial PD Prezone and includes a District Planned Development Plan as required under Section 11.2.7 of the Eastern Dublin Specific Plan, and a Land Use and Development Plan as required under Ordinance 4-94; and WHEREAS, the Califomia Environmental Quality Act (CEQA), State CEQA Guidelines and the City of Dublin Environmental Guidelines require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, a Program EIR was prepared and certified for the Eastern Dublin General Plan and Eastern Dublin Specific Plan addressing development of Eastern Dublin; and WHEREAS, Public Resources Code Section 21080.6 requires the City to adopt a reporting or monitoring program for changes in a project or conditions imposed to mitigate or avoid significant environmental effects in order to ensure compliance during project implementation; and WHEREAS, a Mitigation Monitoring Program was adopted for the Certified Program Environmental Impact Report for the Eastern Dublin General Plan and Eastern Dublin Specific Plan, in accordance with Public Resources Code Section 21080.6; and WHEREAS, an Initial Study dated June 18, 1997 was prepared for the project and is available and on file in the Planning Department; and WHEREAS, the Initial Study reviewed the General Plan/Specific Plan Program EIR to determine if additional environmental review was required for the project; and WHEREAS, the Initial Study determined that the Area A project would have no new significant environmental effects beyond those identified in the Program EIR. New effects identified for the project would be avoided or reduced to a level of insignificance through project revisions, project conditions of approval and applicable mitigation measures from the Program EIR and adopted Mitigation Monitoring Program; and WHEREAS, based on the Initial Study determination, staff prepared a draft Negative Declaration and circulated it for public review as required by CEQA. No public comments were received during this time; and WHEREAS, a staff report was prepared summarizing the sites land use; background; project description;, General Plan and Specific Plan and zoning consistency; and the environmental analysis for the project; which staff report is incorporated herein by reference; and WHEREAS, the Planning Commission of the City of Dublin held a public hearing on October 28, 1997, to consider the Initial Study, Negative Declaration, and the Planned Development Rezoning, for the Project; and 2 g:\pa96038/pcpdresA2 WHEREAS, proper notice ,,f the Planning Commission public hem,.,g was given in all respects as required by law; and WHEREAS, the Planning Commission received and reviewed the City Planning Department's Staff Repor on the Planned Development Rezoning, including the Initial Study and Negative Declaration on the environmental effects of the project; and WHEREAS, the Planning Commission heard and considered the documents, recommendations, written and oral testimony submitted at the public hearing. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby recommend that the City Council adopt the Resolution shown in Exhibit B approving the Negative Declaration for the Project, based upon the findings contained in that Resolution. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission does hereby recommend that the City Council adopt the rezoning Ordinance shown in Exhibit C for the following reasons: The proposed PD Rezone, as conditioned, is consistent with the general provisions and purpose of the PD District Overlay Zone (PD Prezone), the City General Plan and the Eastern Dublin Specific Plan provisions and design guidelines; and o The rezoning, as conditioned, is appropriate for the subject property in terms of land use compatibilities; will not overburden public services; and provides a comprehensive plan for residential and recreational development of the Area A site while preserving sensitive portions of the site from intense development; and 3. The rezoning will not have substantial adverse effects on health or safety, or be substantially detrimental to the public welfare, or be injurious to property or public improvements. BE IT FURTHER RESOLVED that the Planning Commission hereby recommends City Council approval of a Negative Declaration and adoption of PA 96-038 Dublin Ranch Area A PD Rezone, subject to the general provisions listed in Exhibit D, the attached City Council Resolution approving the Area A Land Use and Development Plan/District Planned Development Plan (LUDP/DPDP), with LUDP/DPDP attached as Exhibit B-1 (including text and diagrams as described in the staff report). PASSED, APPROVED AND ADOPTED this 28th day of October, 1997. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Cm. Jennings, Johnson, Hughes, Musser and Oravetz /3 ,- Chair0t ~r g:\pa96038/pcpdresA2