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Home My WebLink AboutPCReso 95-28 PA95-016 HansenRch CUP PD Mod RESOLUTION NO. 95 - 028 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 95-016 HANSEN RANCH CONDITIONAL USE PERMIT REQUEST FOR A MINOR MODIFICATION TO THE APPROVED GENERAL PROVISIONS FOR THE HANSEN RANCH PLANNED DEVELOPMENT PROJECT WHEREAS, California Pacific Homes requests approval of a Conditional Use Permit to modify General Provision Nos. 1, 3.B., and 24 of City Council Resolution No. 129-89 which established General Provisions for PA 89-062, Hansen Hill Ranch Planned Development Prezoning and to supersede the modification to General Provision I of that Resolution made by Planning Commission Resolution No. 92-013. The proposed modifications would: 1) permit the replacement of landscape plans dated August 9, 1989, to allow landscaping modifications conforming to changes in the site plans and the requirements of the City prepared by David L. Gates and Associates with plans dated June 26, 1995, prepared by the same firm; 2) permit the replacement of building plans dated May 22, 1989, to allow the upsizing of single-family units within the project and depicting single-family units prepared by Basennian Lagoni Architects with plans dated May 9, 1995, prepared by the same firm; 3) to delete specific references to dwelling units in General Provision 3.B. relating to Rear Yard setbacks; and 4) to change the expiration date for the Conditional Use Permit in General Provision 24 to reflect the requirements of the Hansen Hills Development Agreement (March 26, 2000). Site Development Review approval is also requested for Phase I (72 units) of the 180 unit Hansen Ranch Subdivision; and WHEREAS, Section 8-31.18 of the City of Dublin Zoning Ordinance states that if, in the opinion of the Planning Commission, a proposed structure, facility or land use not indicated on a Land Use and Development Plan approved by the City Council does not materially change the provisions of the approved Land Use and Development Plan; the structure, facility or land use may be permitted subject to securing a Conditional Use Permit; and WHEREAS, the Planning Commission held a public hearing on said application on August 21, 1995; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA): A Negative Declaration was prepared pursuant to the State CEQA Guidelines, and the City of Dublin Environmental Guidelines for PA 91-096 which had a project description and impacts identical to those of this proposal, PA 95-016. The City finds that there have not been any identified changes in the Hansen Hills Project or in the circumstances under which the Hansen Hills Project is to be undertaken. The City also finds that there is no new information which requires revisions to the Negative Declaration adopted for PA 91-096. A Notice of Determination will be filed stating that the project will not have a significant effect on the environment; and WHEREAS, the staff report was submitted recommending the Planning Commission approve the Conditional Use Permit subject to Conditions of Approval prepared by Staff; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: The proposed project serves the public need by providing a variety of housing types and sizes available to the community. The proposed use will be properly related to other land uses and transportation and service facilities in the vicinity, as the proposed use will be compatible in that single family dwellings on large lots are provided for in the Low Density Residential Designation of the Dublin General Plan and predominate in the surrounding residential areas. The proposed use will not materially adversely affect the health or safety of persons residing or working in the vicinity, or be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, as all applicable regulations will be met. The proposed use will not be contrary to the specific intent clauses or performance standards established for the District in which it is to be located in that conditions have been applied to ensure conformance with the applicable zoning regulations, and because the use is consistent with the character of the surrounding area. The proposed use will not materially change the provisions of the approved Planned Development Land Use and Development Plan. The approval of the Conditional Use Permit will be consistent with the Dublin General Plan· NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby conditionally approve PA 95-016 Hansen Ranch Conditional Use Permit application as generally depicted by materials labeled Exhibit A consisting of 1) a Site Plan for Phase 1 consisting of 2 sheets prepared by Adams Streeter dated received June 28, 1995; 2) Landscape Plans for Phase 1 consisting of sheets L-1 through L-6 dated received June 26, 1995; 3) plans prepared by Basennian Lagoni Architects consisting of floor plans and elevation plans on 12 sheets dated received May 9, 1995; 4) Grading Plans for Phase I prepared by Adams Streeter on 15 sheets dated received June 28, 1995 (in Planning Department files); and 5) the Open Space/Landscape Management Specifications for Hansen Ranch prepared by David L. Gates and Associates dated received June 29, 1990, (in Planning Department files) stamped approved and on file with the Dublin Planning Department, subject to the approval of the related Site Development Review and to the following conditions: CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of ADDroval shall be comolied with prior to the issuance of building permits or establishment of use, and shall be subiect to Planning Deoartment review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval. [PL] Planninq. lB1 Buildinq. [PO] Police. (PW] Public Works, [ADM] Administration/City Attorney, [FIN] Finance. IF] Douqhertv Reqional Fire Authority, [DSR] Dublin San Ramon Services District, Alameda County [CO]. Alameda County Flood Control & Water Conservation District [Zone 7l. General Provision I (Sections A and B) of City Council Resolution 129-89 approving and establishing findings and general provisions for a planned development prezoning concerning PA 89-062 Hansen Hill Ranch is revised as follows: 1. Intent: This approval is for Planned Development Prezoning PA 89-062 Hansen Hill Ranch. This PD District is established to provide for and regulate the development of production and custom single-family dwellings. This approval prezones 180 Iow-density single-family lots on approximately 51 acres and the remaining acreage. Approximately 96 acres are prezoned as open space. Development shall be generally consistent with the following submittals. A. Landscape Plans prepared by David L. Gates and Associates consisting of Sheets L-1 through L-6 dated received June 26, 1995. B. Plans prepared by Basennian Lagoni Architects consisting of floor plans and elevation plans on 12 sheets dated received May 9, 1995 as revised by Conditions of Approval of PA 95-016, Site Development Review. General Provision 3.B. of City Council Resolution 129-89 approving and establishing findings and general provisions for a planned development prezoning concerning PA 89- 062 Hansen Hill Ranch is revised as follows (deletions are shown in strike-out): B. Rear Yard (Setback): 20 foot minimum, 15 foot minimum clear and level zone Exception: 1) see section 8.26.6.1 Alternate Provision of Rear Yard (compensating yards) of the Dublin Zoning Ordinance. 2) 10 foot minimum for shade structures attached to the unit provided the shade structure is not enclosed (enclosed means more than one vertical wall). 3) 10 foot minimum setback for second story decks, however second story decks encroaching within the required 20 foot setback on lots with their rear property line adjacent to another residential lot(s) shall be subject to Site Development Review approval,~,,,,," 0 General Provision 24 of City Council Resolution 129-89 approving and establishing findings and general provisions for a planned development prezoning concerning PA 89- 062 Hansen Hill is revised as follows: Approval of this PD PA 89-062 Hansen Hill Ranch is until March 26, 2000, unless said term is otherwise terminated, modified or extended by circumstances set forth in the Development Agreement for Hansen Hill Ranch in which case said termination, modification or extension shall apply to PA 89-062, = Except as specifically modified in these conditions, development shall conform to the Conditions of Approval established by: City Council Resolution Nos. 20-89 and 21-89, approved on February 27, 1989, pertaining to PA 87-045 Hansen Hill Ranch General Plan Amendment and Mitigation Monitoring Program for the EIR; City Council Resolution Nos. 128-89, 129-89 and 130-89, approved by the City Council on November 27, 1989, pertaining to PA 89-062 Hansen Hill Ranch Tentative Map, Prezoning, Annexation and Mitigation Monitoring Program for the Mitigated Negative Declaration, Ordinances 5-92 and 4-95 approved by the City Council on February 24, 1992, and March 13, 1995 pertaining to the Development Agreement for Hansen Hill Ranch, and City Council Resolution 23-95 adopted by the City Council on February 27, 1995 pertaining to PA 94- 054 Tentative Map Amendment to Tentative Map 5766. PA 92-013 is hereby superseded. [PL] The Applicant/Property Owner shall be responsible for clean-up and disposal of project- related trash to maintain a clean, litter-free site. [PL] All signs shall be subject to the requirements of the sign regulations within the Zoning Ordinance. [PL] On an annual basis, this Conditional Use Permit approval shall be subject to Zoning Investigator review and determination as to compliance with Conditions of Approval. [PL] This permit shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. [PL] PASSED, APPROVED AND ADOPTED this 21st day of August, 1995. AYES: NOES: ABSENT: Commissioners Geist, Jennings, Johnson, Lockhart and Zika '~lanning ¢;~mmis§ion~hairperson ATTEST: Planning Director~) G:\95-016Res2 4