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HomeMy WebLinkAboutPCReso 97-30 PA97-036 Rec CC Summer Glen PD Rez RESOLUTION NO. 97- 30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL APPROVE AND ESTABLISH FINDINGS, GENERAL PROVISIONS AND DEVELOPMENT STANDARDS AND CONDITIONS OF APPROVAL FOR A PD, PLANNED DEVELOPMENT REZONE FOR PA 97-036, SUMMER GLEN WHEREAS, Summerhill Homes of Palo Alto, California, and Alameda County Surplus Property Authority ("Applicant/Developer") have requested approval of a Planned Development Rezone to establish General Provisions and Development Regulations for a residential development consisting of 347 single family detached homes on approximately 75.51 gross acres, including a 1 O-acre school site, (portion of APN 986-0001-001-10) in the Eastern Dublin Specific Plan area; and WHEREAS, Applicant/Developer has submitted a Land Use and Development Plan as required by Section 8.31-13 of the Zoning Ordinance which meets the requirements of said section, and WHEREAS, Applicant/Developer has submitted a complete application for a Planned Development Rezone which is available and on file in the Planning Department; and WHEREAS, a development agreement will be approved prior to recordation ora Tract Map/Parcel 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 thc 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 has further found that the proposed project is consistent with the adopted Eastern Dublin Specific Plan; and WHEREAS, the Planning Commission held a public hearing on said application; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted recommending that the Planning Commission recommend that the City Council approve the Planned Development Rezone; 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, as conditioned, 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 General Plan 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 and proposed residential, business, and public uses in the immediate vicinity and will enhance development of the Specific Plan Area; and 2. The Planned Development Rezone, as conditioned, is consistent with the general provisions, intent, and purpose of the Eastern Dublin Specific Plan and will contribute towards implementation of said Plan; and 3. The Planned Development Rezone, as conditioned, is consistent with the general provisions, intent, and purpose of the General Plan which designates this area as Low Density Residential, Medium Density Residential, and Medium-High density Residential and would result in development within the densities allowed by said designation; and 4. The Planned Development Rezone, as conditioned, 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 5. The Planned Development Rezone, as conditioned, 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 6. The Planned Development Rezone, as conditioned, and accompanying Site Development Review, will create an attractive, efficient, and safe environment; and 7. The Planned Development Rezone, as conditioned, will benefit the public necessity, convenience, and general welfare and is in conformance with Sections 8-31.0 through 8-31.19 of the Dublin Zoning Ordinance; and 8. The Planned Development Rezone, as conditioned, and accompanying Site Development Review will be compatible with and enhance the general development of the area; and 9. The Planned Development Rezone, as conditioned, will provide an environment that will encourage the use of common open areas for neighborhood or community activities and other amenities; and 10. The Planned Development Rezone, as conditioned, 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 BE IT FURTI-IER RESOLVED THAT the Dublin Planning Commission does hereby recommend that the City Council approve a Planned Development Rezone for PA 97-036, Summer Glen, subject to the attached "General Provisions and Development Standards" (Exhibit 1) which constitute regulations for the use, improvement, and maintenance of the 75.5 acre parcel (portion of 986-0001-001- 2 10), excluding the 1 O-acre school site. Except as specifically included in Exhibit 1 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 Dublin Zoning Code. BE IT FURTHER RESOLVED THAT the Dublin Planning Commission does hereby condition this Planned Development Rezone on substantial conformance of the Land Use and Development Plan (comprised of the Tentative Map and Site Development Review) 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., administrative, conditional use permit, or revised 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. BE IT FURTHER RESOLVED THAT the Dublin Planning Commission does hereby condition this Planned Development Rezone on execution of an Development Agreement in accordance with the Eastern Dublin Specific Plan. PASSED, APPROVED, AND ADOPTED this 23rd day of December 1997. AYES: NOES: ABSENT: Cm. Jennings, Johnson, Hughes, Musser, and Oravetz Plann~ Commission Chairperson ATTEST: Community Development Director Exhibit B-1 to Resolution - General Provisions and Development Standards for PA 97-036, Summer Glen g:pa97-036/pcrdreso 3