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HomeMy WebLinkAboutPCReso 97-24 PA96-039 Rec CC Dublin Ranch Areas B-E NegDec/GPA/EDSPA/PD RezRESOLUTION NO. 97 - 24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL ADOPTION OF A NEGATIVE DECLARATION, APPROVAL OF A GENERAL PLAN AMENDMENT, APPROVAL OF AN EASTERN DUBLIN SPECIFIC PLAN AMENDMENT AND APPROVAL OF FINDINGS AND GENERAL PROVISIONS FOR A PLANNED DEVELOPMENT (PD) DISTRICT REZONE CONCERNING PA 96-039 DUBLIN RANCH AREAS B-E WHEREAS, Ted Fairfield, representing property owner Jennifer Lin, submitted a Planned Development (PD) District Rezone request (PA 96-039 Dublin Ranch Areas B-E) for rezoning an approximately 454 acre site to the following land uses: 23.6 acres to PD High Density Residential, 8.6 acres to PD Medium High Density Residential, 78.8 acres to PD Medium Density Residential, 13.0 acres to PD Medium Density Residential/ Community Park, 99.2 acres to PD Rural Residential Agriculture, 41.2 acres to General Commercial, 44.6 acres to Campus Office, 84.8 acres of Community Park, 2.0 acres for Neighborhood Square/Park, 32.4 acres Open Space, 4.4 acres for an Elementary School, and 20.0 acres for a High School, for a total maximum of 1,875 dwelling units; and related Eastern Dublin Specific Plan/General Plan Amendment requests to redesignate a 10 acre elementary school site for Medium Density Residential; to add the Medium Density Residential designation to approximately 13 acres of land along the westerly portion of a Community Park site so that either Park or Residential uses would be permitted; and 4.5 acres of land from Residential to General Commercial in compliance with Livermore Airport Protection Area restrictions. The project is generally located north of the Interstate 580 Freeway, west of Fallon Road, 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 numerous 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 EXHIBIT A g:pa96039/pcpdrsb2 1 WHEREAS, Annexation/Detachment No. 10 became effective on October 1, 1995; and WHEREAS, the Dublin Ranch Areas B-E project site is located within the 1,538 acre site that has been prezoned and annexed, and the Applicant's request complies with the existing Planned Development District Prezone provisions; 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 the City's Zoning Ordinance, Title 8, Chapter 2, Section 8- 31.16; and WHEREAS, the California 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, an Initial Study was prepared for the project dated June 18, 1997 and is available and on file in the Planning Department; 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, the Mitigation Monitoring Program adopted as part of the Certified Environmental Impact Report for the Eastern Dublin Specific Plan, in accordance with Public Resources Code Section 21080.6, would apply to the Dublin Ranch properties and is available and on file in the Planning Department; and WHEREAS, the Planning Commission of the City of Dublin has held one public hearing to consider the Initial Study, Negative Declaration, and the Planned Development Rezoning, Specific Plan Amendment, & General Plan Amendment for the proposed Project on October 28, 1997; and WHEREAS, proper notice of the Planning Commission public hearing was given in all respects as required by law; and WHEREAS, the Planning Commission received and reviewed the City Planning Department's Staff Report on the Planned Development Rezoning, Specific Plan Amendment/General Plan Amendment, including said Initial Study, and Negative Declaration on the environmental effects of the project; and WHEREAS, the Planning Commission heard and considered said documents, recommendations, written and oral testimony submitted at the public hearing as herein above set forth. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby find that: 1. The Initial Study and Negative Declaration are adequate and have been prepared in compliance with the California Environmental Quality Act, CEQA Guidelines and the City of Dublin Environmental Guidelines; and 2. That the Planning Commission has reviewed and considered the information contained in the Initial Study and Negative Declaration; and g:pa96039/pcpdrsb2 2 3. That based upon a review of analysis of pertinent environmental is zs presented in the Initial Study, the Planning Commission has hereby found and determined that, although the proposed project may have potentially significant effects on the environment as presented in the Initial Study, the proposed project (a) will not have any new significant effects on the environment which have not been analyzed adequately in an earlier EIR pursuant to applicable standards, and (b) any new potentially significant effects on the environment have been avoided or mitigated pursuant to that earlier EIR, and/or through revisions, conditions or mitigation measures that are applicable to the proposed project (unavoidable significant adverse effects of the project have been included in the Statement of Overriding Considerations done for the program EIR for the Eastern Dublin General Plan Amendment and Specific Plan, of which this project is a part), and a Negative Declaration is appropriate for the Planned Development Rezoning, Specific Plan Amendment, and General Plan Amendment. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission does hereby recommend that the City Council approve the Negative Declaration for the Project. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission does hereby find that: The proposed PD Rezone and Specific Plan/General Plan Amendment land uses, as conditioned, are consistent with the general provisions and purpose of the PD District Overly Zone (PD Prezone), the City General Plan and the Eastern Dublin Specific Plan provisions and design guidelines; and The rezoning and Specific Plan/General Plan Amendment, as conditioned, are appropriate for the subject property in terms of land uses compatibilities, and will not overburden public services; and The rezoning and Specific Plan/General Plan Amendment 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 adoption of PA 96-039 Dublin Ranch Areas B-E Specific Plan/General Plan Amendment and PD Rezone, subject to the general provisions listed in Exhibit D, the attached City Council Resolution approving the 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 g:pa96039/pcpdrsb2 3