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Home My WebLink AboutReso 133-97 PD Rez Park SierraRESOLUTION NO. 133 - 97 A RESOLUTION OF THE CITY COUNCIL OF ~ CITY OF DUBLIN APPROVING AND ESTABLISHING FINDINGS AND GENERAL PROVISIONS FOR A PLANNED DEVELOPMENT (PD) REZONING CONCERNING PA 97-019, PARK SlERRA APARTMENT PROJECT, SHEA PROPERTIES WltEREAS, Shea Properties has requested approval of a Planned Development Rezoning from the Planned Development (single family residential) to the Planned Development (multi-family residential) District to establish General Provisions and Development Regulations for a residential development consisting of 209 apartment units on approximately 8.9 acres of land generally located on the west side of Dougherty Road at the former Southern Pacific Railroad tracks (APN 941-0205-006-10); and WHEREAS, a completed apPlication for a Planned Development Rezoning is available and on file in the Dublin Planning Department; and WltEREAS, the project was submitted and was deem comPlete under the Permit Streamlining Act prior to the effective date of the new Zoning Ordinance; and WHEREAS, a Mitigated Negative Declaration has been adopted for this project with the finding that with the implementation of mitigation measures contained in the Mitigated Negative Declaration, there will be no significant environmental impacts; and WlCIEREAS, the Planning Commission did hold a public hearing on said application on October 14, 1997, with proper notice of said hearing was given in all respects as required by law; and WHEREAS, the Planning Commission has recommended approval of the Planned Development Rezone, General Provisions and Development Regulations by Resolution No. 97-22; and WHEREAS, the Planning Commission conditionally approved a Site Development Review application for the Park Sierra project on October 14, 1997 by ResOlution No.97-18; and WITEREAS, at their November 4, 1997, meeting, the Dublin City Council approved a General Plan Amendment to Medium High Density Residential for this property, by Resolution No. 132-97; and WHEREAS, the City Council held a public hearing on said application on November 4, 1997, with proper notice of said hearing given; and WI~EREAS, the City Council did hear and use their independent judgment and considered all said reports, recommendations and testimony hereinabove set forth. NOW, TItEREFORE, BE IT RESOLVED THAT THE Dublin City Council 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 Zone of the Zoning Ordinance and the General PlarL The Planned ~' Development Zone 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 commercial, industrial and residential uses in the immediate vicinity, and will enhance development of the general area; and 2. The Planned Development Rezoning 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 met; and 3. The Planned Development Rezoning will not overburden public services or facilities as all agencies have commented that public services are available; and 4. The Planned Development Rezoning will be consistent with the policies of the Dublin General Plan designation of Medium-Itigh Density Residential since the project would allow development within the density range allowed by this General Plan land use category; and 5. The Planned Development rezoning will create an attractive, efficient and safe environment though Conditions of Approval; and 6. The Planned Development Rezoning will benefit the public necessity, convenience and general welfare and is in conformance with applicable provisions of the Dublin Zoning Ordinance; and 7. 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 8. The Planned Development Rezoning will provide an environment that encourages the efficient use of common areas as well as resources. BE IT' FIJR~R RESOLVED TItAT TItE Dublin City Council does hereby approve a Planned Development Rezoning, including the following General Provisions and Development Standards for PA 97-019, Park Sierra Apartments, which constitute regulations for the use and improvements of an 8.9 acre parcel generally described as APN 941-0205-006-10. GENERAL PROVISIONS AND DEVELOPMENT STANDARDS GENERAL PROVISIONS Purpose This approval is for a Planned Development (PD) District for PA 97-019, Park Sierra Apartments. This PD District Rezone includes a Land Use and Development Plan, which is represented by materials labeled Exhibit A, stamped "approved" and on file in the Dublin Planning Department, which includes a Site Plan and Elevations prepared by Thomas P. Cox, Architect, dated Received October 3, 1997, and a Conceptual Landscape Plan prepared by Don Rose and Associates dated received October 3, 1997, and a Preliminary Grading and Utility Plan, prepared by Ruggeri-Jensen and Associates, dated received October 3, 1997. The PD District allows the flexibility needed to encourage innovative development while ensuring that the goals, policies and action programs of the- General Plan are implemented. 2 Dublin Zoning Ordinance-Applicable Requirements Unless as specifically modified by the provisions of the Land Use and Development Plan, all applicable and general requirements and procedures of the Dublin Zoning Ordinance shall apply. C. General Provisions and Development Standards Intent: This Planned Development is to be established to provide for and regulate the development of the Park Sierra Apartment project. Development shall be generally consistent with the Land Use Development Plan. This approval rezones 8.9 acres of land currently zoned Planned Development (PD)-Single Family to Planned Development (PD)-Multi-Family. PD Multi-Family Residential Permitted Uses: The following principal uses are permitted for this project: A. Residential development limited to: 1. Apartments, condominiums and townhouses 2. Private recreational facilities associated with a multi-family development Prohibited Uses: The following uses are prohibited within this project: 1. Field crops 2. Orchards 3. Plant Nurseries Conditional Uses: All conditional uses in the R-4 District are conditional uses in the PD Multi- family Residential District with the exception of the prohibited uses listed above, 3. Setbacks and Yards Development Standards: Development standards within the PD Multi-family District are as follows: Development Standard Building Site Yards/Setbacks Front PD Multi-family District/Land Use and Development Plan Per Land Use and Development Plan 20 feet (may include required noise barrier) Rear Side Building II'eight Lot Coverage 20 feet 12 feet 40 feet Per Land Use and Development plan , , PLANNED DEVELOPMENT REZONE CONDITIONS OF APPROVAL Unless otherwise stated, all Conditions of Approval, including Conditions of Approval for the Site Development review application, shall be complied with prior to final occupancy of any building and shall be subject to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance with the Conditions of Approval: [PL] Planning, [13] Building, [PO] Police, [PW] Public Works, [ADM] Administration/City Attorney, [PCS] Parks and Community_ Services, [FIN] Finance, IF] Fire, [DSR] Dublin San Ramon Services District, [CO] Alameda County Flood Control and Water Conservation District Zone 7. The Land Use and Development Plan is conceptual in nature. No formal amendment of this PD Rezone shall be required so long as the materials submitted for the Site development Review are in conformance with the PD Rezone. The Community Development Director shall determine conformity or non-conformity and appropriate procedures for modifying this PD Rezone (i.e., staff.approval, Planning Commission approval of a Conditional Use Permit, etc.). Major modifications or revisions not found to be in substantial conformance with this PD Rezone shall require a new PD Rezone. [PL] 2. Additions to residences in the project are prohibited. [PL] Prior to issuance of building permits, a General Plan Amendment shall be approved by the City Council, changing the land use designation of the site to Medium-High Density Residential. [PL] PASSED, APPROVED and ADOPTED this 4th day of November, 1997. AYES: Councilmembers Burton, Howard, Lockhart and Mayor Houston NOES: None ABSENT: ABSTAIN: Councilmember Barnes None ATTEST~x~ g:pa97-O 19/ccpdreso K'/G/11-4-97/resshea3.doe 4