HomeMy WebLinkAboutPCReso 96-10 PA95-048 CalCrksde PD Rez RESOLUTION NO. 96 -10
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 FOR A
PD, PLANNED DEVELOPMENT REZONING, AND RECOMMENDING THAT THE CITY
COUNCIL ADOPT A DEVELOPMENT AGREEMENT FOR
PA 95-048 CALIFORNIA CREEKSIDE
WHEREAS, Kaufman & Broad of Northern California have requested approval of a Planned
Development Rezoning, Tentative Subdivision Map 6822, and Site Development Review (Exhibit A), and
Development Agreement (Exhibit D) for a residential development consisting of 154 single family dwellings
and 123 townhouses on approximately 35.4 gross acres in the Eastern Dublin Specific Plan area; and
WHEREAS, a complete application for a Tentative Subdivision Map, Site Development Review,
Planned Development Rezoning, and Development Agreement are available and on file in the Planning
Department; 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 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 did hold a public hearing on said application on April 16, 1996;
and
WHEREAS, proper notice of said public hearing was given in all respects as required by law; and
WHEREAS, the Staff Report was submitted recommending that the Planning Commission approve the
Tentative Map and Site Development Review and recommend that the City Council approve the Planned
Development Rezone and Development Agreement subject to conditions prepared by Staff; 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 General Plan and the Eastern
Dublin Specific Plan. 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 vacant and proposed commercial, office and residential uses in the immediate vicinity,
and which enhance development of the Specific Plan area; and
2. The Plam~ed 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 improvement as all
applicable regulations will be met; and
3. The Planned Development Rezoning will not overburden public services as the Dublin San
Ramon Services District has stated that public services are available; and
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4. The Planned Development Rezoning will be consistent with the policies of the Dublin General
Plan and the Eastern Dublin Specific Plan designation of Single Family Residential, Low Density Residential,
Medium Density Residential and Medium-High Density Residential; and
5. The Planned Development Rezoning will provide efficient use of the land pursuant to the Eastern
Dublin Specific Plan that includes preservation of significant open areas and natural and topographic landscape
features along Tassajara Creek with minimum alteration of natural land forms; and
6. The Planned Development Rezoning will provide an environment that will encourage the use of
common open areas for neighborhood or community activities and other amenities through Conditions of
Approval; and
7. The Planned Development Rezoning will create an attractive, efficient and safe environment
through Conditions of Approval; and
8. The Planned Development Rezoning will benefit the public necessity, convenience and general
welfare and is in conformance with Sections 8-31.0 to 8-31.19 of the Dublin Zoning Ordinance; and
9. The Planned Development Rezoning will be compatible with and enhance the general
development of the area because it will be developed pursuant to Conditions of Approval and site development
review; and
10. The Planned Development Rezoning will create attractive, efficient and safe development
because it will be developed pursuant to Conditions of Approval and site development review.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby
make the following findings and determinations regarding said proposed Development Agreement:
1. Said Agreement is consistent with the objectives, policies, general land uses and programs
specified in the City of Dublin General Plan and the Eastern Dublin Specific Plan in that, a) the General Plan
and Eastern Dublin Specific Plan land use designations for the subject site are single family residential, low
density residential, medium density residential, and medium high density residential, and that this is a
residential development consistent with those designations; b) the project is consistent with the fiscal policies in
relation to provision of infrastructure and public services of the City's General Plan and Eastern Dublin Specific
Plan; c) the Agreement sets forth the rules the Developer and City will be governed by during the development
process which is required by the Eastern Dublin Specific Plan; and because the Agreement is consistent with the
requirements of the Kaufman and Broad California Creekside/Mitigation Monitoring Program.
2. Said Agreement is compatible with the uses authorized in, and the regulations prescribed for, the
land use district in which the real property is located in that the project approvals include a Planned
Development Rezoning adopted specifically for the California Creekside Project.
3. Said Agreement is in conformity with public convenience, general welfare and good land use
practice in that the California Creekside Project will implement land use guidelines set forth in the Eastern
Dublin Specific Plan and City of Dublin General Plan which have planned for residential development at this
location.
4. Said Agreement will not be detrimental to the health, safety and general welfare in that the
development will proceed in accordance with the project's Conditions of Approval; and
5. Said Agreement will not adversely affect the orderly development of the property or the
preservation of property values in that the development will be consistent with the City of Dublin General Plan
and Eastern Dublin Specific Plan.
PLANNED DEVELOPMENT REZONE
NOW THEREFORE BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission
does hereby recommend that the City Council approve a Planned Development Rezoning including the
following General Provisions and Development Standards for PA 95-048, California Creekside, which
constitute regulations for the use, improvement and maintenance of the 35.44- acre parcel 946-15-1-4 (por)
subject to the following Conditions of Approval:
GENERAL PROVISIONS AND DEVELOPMENT STANDARDS
GENERAL PROVISIONS
A. Purpose
This approval is for a Planned Development (PD) District Rezoning for PA 95-048, California
Creekside. This PD District Rezone includes a Land Use and Development Plan which is represented by the
Tentative Map dated received April 10, 1996, Site Plan and Preliminary Landscape Plan dated received April 2,
1996 (Both Labeled Exhibit A), and the written statements provided by the Applicant dated received April 1,
1996 and on file. 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 and Eastern Dublin Specific Plan
are met. More particularly, the PD District Rezone is intended to ensure the following policies are met:
The approval of this Planned Development Rezone shall be pursuant to the term set forth in the
Development Agreement approved by the City of Dublin on ., 1996, and recorded on __
1996. In the event of conflict between the terms of the Development Agreement and the following
conditions, the terms of the Development Agreement shall prevail. [PW, PL].
Encourage innovative approaches to site planning, building design and construction to create a range of
housing types and prices, and to provide housing 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 for
neighborhood or community activities and other amenities.
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 the PD District Rezone, all applicable and general
requirements and procedures of the Dublin Zoning Ordinance R-1 District shall be applied to the PD Single
Family Residential designated lands, and of the R-3 District shall be applied to the PD Medium-High Density
Residential designated lands in this PD District.
C. General Provisions and Development Standards
Intent: This Planned Development District is to be established to provide for and regulate the
development of the California Creekside Subdivision. Development shall be generally consistent
with the Land Use Development Plan. This approval rezones 35.4 gross acres currently zoned
Business Park Industrial to 26.8 gross acres zoned PD Single Family Residential District (154
dwelling units at 5.75 dwelling units per acre) and 8.6 gross acres zoned PD Medium-High
Density Residential District (123 dwelling units at 14.3 dwelling units per acre), for a total
maximum of 277 dwelling units.
PD Single Family Residential
Permitted Uses: The following principal uses are permitted in the PD Single Family Residential
district:
A. Residential development limited to:
1. Single Family Detached houses
Prohibited Uses: The following uses are prohibited in the PD Single Family Residential district:
1. Field Crops
2. Orchards
3. Plant Nurseries
4. Greenhouses used only for cultivation of plant materials for sale
5. Hospital
Conditional Uses: All conditional uses in the R-1 District are conditional uses in the PD Single
Family Residential district with the exception of prohibited uses listed above.
SETBACKS AND YARDS
Development Standards: Development standards within the PD Single Family district are as
follows.
A. Minimum Single Family Setbacks: The minimum setbacks for single family detached
houses and accessory structures shall be as follows:
Bo
Front Setbacks:
Eighteen (18) foot minimum from the property line to
the garage face
Fifteen (15) foot minimum from the property line to the
habitable portion of the house
Sideyard Setbacks: Five (5) foot minimum from the property line
Street Sideyard Setbacks: Ten (10) foot minimum from the property line.
Rear Yard Setbacks: Twelve (12) foot minimum from the property line
Accessory Structures: Five (5) foot minimum from the property line
Exceptions to the Setback requirements are as follows:
Architectural projections (such as eves, columns, balconies, awnings, steps, and
fireplaces) may encroach up to a maximum of two (2) feet into a required front, rear, or side yard
setback and decks may encroach a maximum of five (5) feet into a required rear yard setback.
C. Building Height Restrictions:
Buildings are to be limited to a maximum of two (2) stories and a height of thirty (30)
feet measured at the topmost point of the structure. This height limitation shall not apply ti,
chimneys.
Accessory structures are limited to a maximum height of fifteen (15) feet.
D. Parking:
The number of parking spaces required for each single family detached house shall be
two (2) garage spaces and two (2) spaces in the driveway apron.
PD Multi-Family Residential
Permitted Uses: The following principal uses are permitted in the PD Multi-Family Residential
district:
A. Residential development limited to:
1. Multifamily Townhouse units
2. Multifamily Condominium units
Prohibited Structures: Accessory Structures are not permitted except for common area
facilities such as pool equipment, restroom buildings, trash enclosures, and similar structures.
Prohibited Uses: The following uses are prohibited in the PD Multi-Family Residential district:
2.
3.
4.
5.
Field Crops
Orchards
Plant Nurseries
Greenhouses used only for cultivation of plant materials for sale
Hospital
Conditional Uses: All conditional uses in the R-3 District are conditional uses in the PD Multi-
Family Residential district with the exception of prohibited uses listed above.
Development Standards: Development standards within the PD Multi-Family district are as
follows.
SETBACKS AND YARDS
A. Minimum Multi-Family Setbacks: The minimum setbacks for multi-family attached
houses and accessory structures shall be as follows:
Front Setbacks:
Ten (10) foot minimum from the public street right-of way to
the garage face
Ten (10) foot minimum from the public street right-of way to the
habitable portion of the house
Four (4) foot minimum from the public street right-of way to the
porch face
Zero (0) foot minimum from common area parcel lines
Fifteen (15) foot minimum from adjacent buildings
Sideyard Setbacks:
Five (5) foot minimum from the public street right-of way
Zero (0) foot minimum from common area parcel lines
Fifteen (15) foot minimum from adjacent buildings
Rear Yard Setbacks:
Twelve (12) foot minimum from the public street right-of way
Zero (0) foot minimum from common area parcel lines
Thirty (30) foot minimum from garage face to garage face
Accessory Structures: Five (5) foot minimum from the public street right-of way when
permitted
B. Exceptions to the Setback requirements are as follows:
Architectural projections (such as eves, columns, balconies, awnings, steps, and
fireplaces) may encroach up to a maximum of two (2) feet into a required front, rear, or side yard
setback and decks may encroach a maximum of five (5) feet into a required rear yard setback.
C. Building Height Restrictions:
Buildings are to be limited to a maximum of two (2) habitable stories and underground
garage, and a height of thirty-five (35) feet measured at the topmost point of the structure. This
height limitation shall not apply to chimneys.
D. Parking:
The number of parking spaces required for each multi-family detached house shall be two
(2) garage spaces. Fifty-one (51) guest parking spaces shall be provided as shown in Exhibit A.
PLANNED DEVELOPMENT REZONE CONDITIONS OF APPROVAL:
Unless stated otherwise, all Conditions of Approval shall be complied with prior to final occupancy of any
build!ng, and shall be subject to Planning Department review and approval. The following codes represent
those departments/agencies responsible for monitoring compliance of the Conditions of Approval. [PL]
Planning. [B] Building. [PO] Police, [PW] Public Works. [ADM_] Administration/City Attorney, [FIN] Finance,
[F] Dougherty Regional Fire Authority, [DSR] Dublin San Ramon Services District, [CO] Alameda County
Flood Control & Water Conservation District (Zone 7).
The Land Use and Development Plan is conceptual in nature. No formal amendment of this PD Rezone
will be required as long as the materials submitted for the Tentative Map and Site Development Review
are in substantial conformance with this PD Rezone and the Eastern Dublin Specific Plan. The
Community Development Director shall determine conformance or non-conformance and appropriate
processing procedures for modifying this PD Rezone (i.e. staff approval, Planning Commission approval
of Conditional Use Permit, or City Council approval of new PD Rezone). Major modifications, or
revisions not found to be in substantial conformance with this PD Rezone shall require a new PD
Rezone. A subsequent PD rezone may address all or a portion of the area covered by this PD Rezone.
[PL]
2. Additions to residences in this project are prohibited. [PL]
The applicant shall comply with all applicable grading guidelines as indicated on page 103 of the
Eastem Dublin Specific Plan. [PW, PL]
All project construction shall conform to all building codes and ordinances in effect at the time of
building permit. [B]
The applicant shall comply with all Eastern Dublin Specific Plan EIR mitigation measures for mitigating
potentially significant plant and animal species impacts (e.g. Applicant shall submit a preconstruction
6
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survey prepared within 60 ti,, J prior to any habitat modification to v, .,y the presence of sensitive
species. A biologist shall prepare the survey and shall be subject to the Planning Department review and
approval). Any updated surveys and/or studies that may be completed by a biologist prior to Tentative
Map application submittal shall be submitted with the Tentative Map application. (222, 230) [PL]
o
Applicant shall comply with all DRFA fire standards, including minimum standards for emergency
access roads and payment of applicable fees, including a Fire Capital Impact Fee. (74)[F]
°
The location and siting of project specific wastewater, storm drain, recycled water, and potable water
system infrastructure shall be consistent with the resource management policies of the Eastern Dublin
Specific Plan. [PL, PW]
Any proposed modifications or alterations to Tassajara Creek shall be approved by the City of Dublin
and any required permitting agencies and shall be consistent with the policies of Eastern Dublin Specific
Plan and FEIR the Eastern Dublin Comprehensive Stream Restoration Program and the Master Drainage
Plan. [PW, PL]
10.
The garbage service provider shall be consulted to ensure that adequate space is provided to
accommodate collection and sorting ofpetrucible solid waste as well as source-separated recyclable
materials generated by the residents within this project. (279)[PL]
11. The applicant shall comply with the City's solid waste management and recycling requirements. [ADM]
12.
The use of rodenticides and herbicides within the project area will be restricted to the satisfaction of the
Community Development Director to reduce potential impacts to wildlife. A written statement from the
developer shall be submitted to the Community Development Director to that effect prior to issuance of
the Grading Permit. (221)[PL]
13.
The applicant shall comply with the City's solid waste management and recycling requirements. (103,
279)[ADM]
14.
The applicant shall comply with all applicable action programs and mitigation measures of the Eastern
Dublin General Plan Amendment/Specific Plan and companion Final Environmental Impact Report
(FEIR), respectively, that have not been made specific Conditions of Approval of this PD Rezone. [PL]
DEVELOPMENT AGREEMENT
NOW THEREFORE BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission
does hereby recommend that the City Council approve the Development Agreement between the County of
Alameda, Kaufman & Broad of Northern California, and the City of Dublin (Exhibit D) for PA 95-048,
California Creekside.
PASSED, APPROVED AND ADOPTED this 16th day of April, 1996.
AYES:
NOES:
ABSENT:
Commissioners Jennings, Lockhart, Geist and Johnson
None
Commissioner Zika
A~I~,ST: 2
~Com'~munity ~ectq~
'Plannin~ Commission~hairperson
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