HomeMy WebLinkAbout02-059 DubRnchAmend12-10-2002AGENDA STATEMENT
PLANNING COMMISSION MEETING DATE: DECEMBER 10, 2002
SUBJECT: PUBLIC HEARING: PA 02-059: Dublin Ranch Phase 1 and Dublin
Ranch Area A: A-1, A-6, and A-7 Conditional Use Permit to Amend the
Planned Development Rezone Development Standards
(Report Prepared by: Andy Byde, Senior Planner) ~~
ATTACHMENTS: 1. Dublin Ranch Map;
2. City Council Resolution 12-96 provisions for a Planned Development
District Rezone for Dublin Ranch Phase I;
3. City Council Resolution 139-97 provisions for a Planned Development
District Rezone for Dublin Ranch Area A;
4. Resolution approving the Conditional Use Permit to amend the
adopted Development Plan for Dublin Ranch Phase 1 and Dublin
Ranch Area A: A-1, A-6, and A-7.
RECOMMENDATION: 1. Hear Staff Presentation
2. Open Public Hearing
3. Close Public Hearing
4. Deliberate
5. Adopt Resolution (Attachment 4) approving the Conditional Use
Permit to amend the adopted Development Plan for Dublin Ranch
Phase 1 Planned Development and Dublin Ranch Area A: A-1, A-6,
and A-7.
BACKGROUND
The City Council adopted Resolution 12-96 on January 23, 1996, and Resolution 139-97 November 18,
1997, which established Planned Development provisions for Dublin Ranch Phase I and Dublin Ranch
Area A, respectively (see Attachment 1 for locations of these projects). These Resolutions established
minimum setbacks, minimum lot sizes, height limits and other design standards for these areas, site
coverage standards were not explicitly addressed within the provisions of the Planned Development text.
Subdivisions were submitted and approved by the City, which established the lots with these two areas.
The master developer later sold individual Tracts within these subdivisions to individual homebuilders,
which subsequently submitted Site Development Review (SDR) applications for the design of the
homes.
Staff utilized the Planned Development provisions contained within the two resolutions for review of the
Site Development Review applications. Staff determined the applications were consistent with the
Planned Development provisions and recommended approval to the Planning Commission, which
COPIES TO: PA file
ITEM NO. _
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approved the projects subject to various conditions. Staff and the Planning Commission evaluated the
SDR applications in context with the overall intent of the approved Planned Development and on the
basis of the individual design of the residences and how they corresponded to the natural and built
environment. What is before you this evening is a clean up issue that Staff would like to document and
complete.
All of the homes within these two areas, Dublin Ranch Phase 1 and Dublin Ranch Area A: A-1, A-6,
and A-7, have either been constructed or have received Site Development Review approval (these
projects are covered by previously approved Development Agreements, which precludes the City from
modifying the approved SDR). A short time ago, Staff discovered, during the review of a building
permit request within the Dublin Ranch Phase I, that the Planned Development provisions for both Area
A and Phase I contain the requirement that "Development standards within the Single Family land use
designation shall conform to the City of Dublin R-1 provisions, unless modified herein" (page 4, Section
(C)(2) of Attachment 2 and page 5 Section (C)(4) of Attachment 3). All conventional residential zoning
districts (i.e., R-1, R-2, and R-M), are regulated by Section 8.36.020(A) of the Dublin Zoning Ordinance
which stipulates the maximum lot coverage for single story residences is 40% and two story homes is
35%, which is defined as the maximum lot area that may be covered with buildings and structures. Staff
did not realize, due to the fact that the design for the homes were approved separately from the
subdivision, that the lot coverage requirements were applicable. All other residential projects within
Eastern Dublin have been approved simultaneously with the Planned Development Zoning and the SDR
for the design of the residences, therefore superseding the lot coverage requirements of the Zoning
Ordinance. All of the residences within the two areas are two-story and regrettably, the majority of
Phase I and Area A: A-1 and all of Area A: A-6, and A-7 are currently in excess of the 35% lot coverage
requirement.
Conditional Use Permit
Section 8.32.080 of the Dublin Zoning Ordinance provides the ability for the Planning Commission, by
means of a Conditional Use Permit; to make minor amendments to adopted Development Plans upon the
finding that the amendment substantially complies with the provisions of the Planned Development
District.
The result of these homes being out of compliance with the lot coverage requirements, despite the City
approving them this way, renders these residences legal r~on-conforming and subject to the Non-
conforming Structures and Uses Section of the Zoning Code (Chapter 8.140). The Non-conforming
Structures and Uses Section of the Zoning Code establishes conditions under which non-conforming
structures can be maintained, improved, or replaced.
The purpose of this amendment is recognize the excess lot coverage and to change the status of these
residences from legal non-conforming to legal conforming. Amending the Planned Development to
recognize the excess lot coverage would not allow additional development potential or additional
coverage to those residences already over the 35% maximum. Those residences that desire to expand
beyond the square footage approved by the SDR and beyond the 35% lot coverage would be required to
obtain a Conditional Use Permit approved by the Planning Commission, which would allow Staff and
the Planning Commission to evaluate the proposal in context with the overall design of the proposed
addition and in context to the impacts to the adjacent residences.
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RECOMMENDATION:
Staff recommends the Planning Commission open the Public Hearing, deliberate and adopt the
Resolution (Attachment 4) approving the Conditional Use Permit to amend the adopted Development
Plan for Dublin Ranch Phase 1 and Dublin Ranch Area A: A-l, A-6, and A-7 to amend the Planned
Development Rezone Development Standards to legalize the existing excess lot coverage within these
projects and change the status of these residences from legal non-conforming to legal conforming in
respect to the Zoning Ordinance.
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RESOLUTION NO. 12 - 9b
~.., A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AND ESTABLISHING FINDINGS AND GENERAL PROVISIONS
FOR A PLANNED DEVELOPMENT (PD) DISTRICT REZONE
CONCERNING PA 95-030 DUBLIN RANCH PHASE I
WHEREAS, Ted Fairfield, representing property owner Jennifer Lin, submitted a Planned
Development (PD) District Rezone request (PA 95-030 Dublin Ranch Phase I) for rezoning an
approximate 210 acre site to PD Single Family (Low Density) Residential (109.8 acres; 570 dwelling
units); PD Medium Density Residential (35.7 acres; 277 dwelling units); and PD Open Space (57.5
acres). The PD Rezone request also includes a 5 acre neighborhood park and a 2 acre private
recreational facility. The project is generally located east of Tassajara Road and approximately 4,000
feet north of the Interstate 580 Freeway, 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) fora 1,538 acre site located within the adopted Eastern Dublin Specific Plan project
area (PA 94-030}; 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. I O annexed to the City of Dublin, which includes the 1,538 acre site and
annexed to the Dublin San Ramon Services District and detached from the Livermore Area Recreation
and Park District (PA 94-030); and
WHEREAS, Annexation/Detachment No. 10 became effective on October 1, 1995; and
WHEREAS, the Dublin Ranch Phase I 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 request amends the initial PD Prezone and includes a District
Planned Development Ptan 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 Planning Commission held public hearings to consider this request on January 2 and
January 16, 1996; and
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WHEREAS, proper notice of these Planning Commission public hearings was given in all respects as
required by law; and '
WHEREAS, the Planning Commission recommended City Council approval of the PD Rezone subject r.,r~`
to conditions prepared by Staff; and
WHEREAS, the City Council held a public hearing to consider this request on January 23, 1996; and
WHEREAS, proper notice of this request was given in all respects as required by law for the City
Council hearing; and
WHEREAS, an initial study was prepared for the project dated November 17, 1995 and found that the
project is exempt according to section 15182 of the State CEQA Guidelines. The project is a residential
project undertaken pursuant to and in conformance with the adopted Eastern Dublin Specific Plan and
none of the events described in section 15162 of the State CEQA Guidelines have occurred since the
adoption of the Specific Plan or certification of its EIR. No new effects could occur and no new
mitigation measures would be required for the Dublin Ranch Phase I PD Rezone project that were not
addressed in the Final Environmental Impact Report for the Eastern Dublin project, and the PD Rezone
is within the scope of the Final Environmental Impact Report; and
WHEREAS, a StaffReport was submitted recommending City Council approva! of the Planned
Development District Rezone subject to conditions; and
WHEREAS, the City Council heard and considered all said reports, recommendations, written and oral -
testimony submitted at the public hearing as herein above set forth. err
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find:
The proposed PD Rezone, as conditioned, is 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
2. The rezoning, as conditioned, is appropriate for the subject property in terms of being
compatible with existing land uses in the area, and will not overburden public services;
and
3. The rezoning 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 City Council hereby approves PA 95-030 Dublin Ranch
Phase I subject to the general provisions listed below:
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GENERAL PROVISIONS
,._ A Purpose
This approval is for a Planned Development (PD) District Rezoning for PA 95-034 Dublin Ranch Phase
I. This PD District Rezone that includes a Land Use and Development Plan and District Planned
Development Plan is consistent with the initial Planned Development (PD) District Prezone and amends
the initial Prezone with more detailed land use and development plan provisions. 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:
1. Concentrate development on less environmentally and visually sensitive or constrained
portions of the plan area and preserve significant open space areas and natural and topographic
landscape features with minimum alteration of land forms.
2. Encourage innovative approaches to site planning, building design and construction to
create a range of housing types and prices, and to provide housing for aII segments of the
community.
3. Create an attractive, efficient and safe environment.
4. Develop an environment that encourages social interaction and the use of common open
areas for neighborhood or community activities and other ameniiies.
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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 of the Dublin Zoning Ordinance shall be applied to this PD District.
C. General Provisions and Development Standards
1. Intent: This approval is for the Planned Development (PD) District Rezone PA 95-030
Dublin Ranch Phase I. This approval rezones 109.8 acres to PD Single Family Residential (570
dwelling units; 5.2 dulac); 35.7 acres to PD Medium Density Residential (277 dwelling units; 7.8
du/ac), for a total maximum of 847 dwelling units; and 57.5 acres to PD Open space. The
number of dwelling units and mix of dwelling unit types (i. e. ratio of Single Family Residential to
Medium Density Residential) can vary under each residential land use category while staying
within the approved density ranges. However, the total number of units shall not exceed the
maximum number of dwelling units, which is 847. This approval also rezones S acres for PD
neighborhood park and 2 acres for a private recreational facility. Development shall be generally
consistent with the following PD Rezone submittals labeled Exhibit A on file with the Dublin
Planning Department:
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a. District Planned Development Plan, Land Use and Development Plan, comprising the
Phase I Site Plan, 20-Scale Plotting Maps, and Boundary and Phasing PIan, prepared by
MacKay and Somps, William Hezmalhalch Architects, Inc. and NUVIS dated received
August 10, 1995 and November 15, 1995. ,rr-`
b. Dublin Ranch Phase I Architecture and Landscape and Open Space Design Guidelines
prepared by MacKay and Somps, William Hezmalhalch Architects, Inc. and NUVIS
dated received August 10, 1995 and November 15, 1995.
2. Single Family Residential: Development standazds within the Single Family land use
designation shall conform to the City of Dublin R-I District provisions and the PD District
Overlay Zone for PA 94-030 Eastern Dublin (City Council Resolution No. 104-94}. As the R-1
District base zone, all the R-1 District provisions shall apply, except those superseded by the
following provisions. Only detached single family units are allowed in this District.
Lot Size:
Median Lot Width:
Minimum Lot Frontage:
Minimum Lot Depth
4,000 sq. ft. minimum
50 feet
3 5 feet
80 feet
Front yard Depth (setback from back of sidewalk):
Minimum 12 feet to porch or living area.
Minimum 17 feet to garage, except for side opening garages
(minimum 15 feet to side opening garages).
Driveways less than 20 feet in length require automatic garage
door openers and "roll up" doors
Side Yard (setback): Minimum 5 feet to living area -Minimum 10 feet at corner
conditions
Garages located at the rear half of a lot have no minimum side
yard. Building restrictions for zero lot line structures shall be
applied as conditions of Site Development Review approval.
Rear Yard {setback): 5 feet minimum. Include a useable yard equal to 10% of the lot
size with a minimum dimension of 10 feet in any direction.
Garages located in the rear half of a lot have a 3 foot minimum
rear setback.
Minimum Building
Separation:
10 feet (excluding allowable encroachments).
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Maximum Building
Height: 30 feet or 2 stories at any one point.
3. Medium Density Residential: Development standards for attached and detached units within
the Medium Density land use designation shall conform to the City of Dublin R-S District
provisions and the PD District Overlay Zone for PA 94-030 Eastern Dublin {City Council
Resolution No. 104-94}. As the R-S District base zone, all the R-S District provisions shall
apply, except those superseded by the following:
Attached Standards:
Front Yard Depth: Minimum 10 feet to porch or living area.
Minimum 5 feet to garage.
Side Yard (setback): Minimum 5 feet including encroachments (UBC standards).
Rear Yard (setback): Minimum 10 feet to living area.
Yard Space: Provide a useable yard of 150 square feet with a minimum
dimension of 10 feet in any direction.
Upper floor units shall have a deck of at least 50 square feet with
a minimum dimension of 5 feet.
Minimum Building
Separation: 10 feet including encroachments (LBC building standards).
Maximum Building
Height: 30 feet, or 2.5 stories at any one point.
Detached Standards:
Minimum Lot Size: 2,000 square feet
Median Lot Width: 30 feet at building setback; 35 feet at corner conditions
Average Lot Depth: Not Applicable
Front Yard Depth (setback from back of sidewalk):
Minimum 10 feet to porch or living area.
Minimum S feet to garage without driveway, or greater than 17
feet to garage with driveway, except for side opening garages.
Driveways less than 20 feet in length require automatic garage
door openers and "roll up" doors.
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Side Yard (setback): 3 feet minimum- 6 feet at corner conditions.
• Garages have 0 foot side yards.
Rear Yard (setback): 5 feet minimum. Provide a minimum useable yard of 150 sq. ft. ,,,,r„r
with a minimum dimension of 10 feet in any direction. Garages
may have 0 feet rear yards.
Minimum Building
Separation: 6 feet
Garages may be attached.
Reciprocal easements may be used to satisfy yard requirements.
Maximum Building
Height: 30 feet, or 2.5 stories at any one point.
Additional Standards:
Garages: Parking requirements may be met with tandem garages.
Adjacent Uses: Interior side yard setbacks adjacent to common open space, parks,
greenbelts and stream corridors shall be a minimum of 10 feet.
Encroachment: The following encroachments shall be allowed to project up to 2 feet into
yard setbacks: eaves, architectural projections, fireplaces, (including log
storage and entertainment niche), balconies, bay windows, window seats, ,~
exterior stairs, second floor overhangs, decks, porches and air conditioning
equipment. All non-fire rated encroachments must be at least 3 feet from
property lines.
Front Yard
Landscaping: The applicant developer shall install front yard landscaping within all the
medium density neighborhoods.
4. Curvilinear Streets: Site design of the individual neighborhoods may vary from that shown in
Dublin Ranch Phase I Rezone (PA 95-030) if the number of units in a neighborhood is adjusted
or attached units are substituted for detached (in medium density neighborhoods only).
However, the concept of curvilinear streets and cul-de-sacs cannot be altered.
Architectural Design: Eight distinct architectural styles are described in the Dublin Ranch
Phase I Architecture and Landscape and Open Space Design Guidelines and architectural
elevations. Any or all of these styles can be utilized in an individual neighborhood. Additional
styles can be permitted at Site Development Review if it is determined they would not change
the overall character of the Dublin Ranch Phase I plan.
BE IT FURTHER RESOLVED THAT THE Dublin City Council approves of PA 95-030 Dublin
Ranch Phase I PD Rezone subject to the following conditions: ,,~,,.
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CONDITIONS OF APPROVAL:
Unless stated otherwise, all Conditions of Approval shall be complied with prior to final occupancy of
any buildin~i and shall be subject to Planning Department review and approval. The followin codes
r_.present those departments/agencies responsible for monitorine compliance of the conditions of
~proval: LPL]. Planning, [B] BuildingLjPj Parks and Community Services, [PO] Police. [PW] Public
Works. [,ADM] Admirustration/City Attorney, [FIN) Finance. [F] Dougherty Regional Fire Authority,
[DSR] Dublin San Ramon Services District, [CO] Alameda County Flood Control and Water
Conservation District [Zone 71
GENERAL
1. The Land Use and Development Plan, District Planned Development Plan and Architecture and
Landscape and Open space Design Guidelines for Dublin Ranch Phase I (PA 95-030) are
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 Planning 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. Prior to obtaining building permits, the applicant must receive Site Development Review (SDR)
,-- approval as established in the City of Dublin Zoning Ordinance, unless the Planning Director
approved a SDR waiver and a zoning approval is granted upon the determination that the
construction constitutes a minor project and building permit plans are in accord with the intent
and objectives of the SDR procedures. [PL]
Except as maybe specifically provided for within these General Provisions for PA 95-030,
development shall comply with the City of Dublin Site Development Review Standard
Conditions (see Attachment A-1). jPL]
4. Except as may be specifically provided for within this PD, development shall comply with the
City of Dublin Residential Security Requirements (Attachment A-2). [PO]
The design, location and material of all fencing and retaining walls shall be subject Site
Development Review approval unless the Planning Director waives the SDR requirement. [PL]
6. The applicant shall comply with all applicable grading guidelines as indicated on page 103 of the
Eastern Dublin Specific Plan. [PW, PL]
7. The Declaration of Covenants, Conditions and Restrictions (CC&Rs) of one or more Dublin
Ranch Phase I homeowners associations shall be submitted with the Tentative Map and/or Site
Development Review application, and shall be subject to review and approval of the Planning
Director and City Attorney prior to recordation of the Final Subdivision Map, or prior to Site
Development Review approval. [PL, AD~.~1]
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DEVELOPMENT AGREEMENT
The Dublin Ranch Phase I project proponent and the City of Dublin shall enter into a
development agreement prior to Tentative Map approval, which shall contain, but not be limited `rr-'
to, provisions for financing and timing of on and off-site infrastructure, payment of traffic, noise
and public facilities impact fees, affordable housing, and other provisions deemed necessary by
the City to find the project consistent with the Eastern Dublin Specific Plan. At some future
date, the applicant shall be responsible for paying ail fees required by the Development
Agreement. [PL]
SCHOOL FACILITIES IlVIPACT MITIGATION
9. No tentative subdivision map for all or any part of the area covered by this Land Use and
Development Plan shall be approved by the City Council until the applicant has entered into a
written mitigation agreement with the affected school district(s) and the City. The mitigation
agreement shall establish the method and manner of financing and/or constructing school
facilities necessary to serve the student population generated by the development. The
mitigation agreement shall address the level of mitigation necessary, the amount of any school
impact fees, the time of payment of any such fees and similar matters. The City shall be a party
to any such agreement only for the purpose of assuring uniformity with respect to different
property owners and appropriate land use planning. [PL, ADM]
NOISE
10. A noise study shall be required for the Tentative Map application submittal to show how interior ,,,rr
noise levels will be controlled to acceptable limits. [PL, B]
SCENIC CORRIDOR POLICIES
11. The applicant shall comply with the City's proposed Eastern Dublin Scenic Comdor Policies and
Development Standards. If the Eastern Dublin Scenic Comdor Policies and Development
Standards have not been adopted prior to approving the Tentative Map for the project, the
applicant shall demonstrate compliance with the Eastern Dublin Specific Plan's scenic corridor,
development standards and grading policies and action programs through a detailed visual
analysis submitted with the Tentative Map application. [PL]
LANDSCAPE/OPEN SPACE/TRAILS
12. As part of the Tentative Map approval, the applicant shall be conditioned to offer to dedicate the
intermittent stream/open space and trail corridors. If the City accepts this dedication of
improvements, no credit for these areas and improvements shall be given towards parkland
dedication requirements. [P, PL, PW]
13. All graded cut and fill slope areas shall be revegetated as described in Policy 6-22 of the Eastern
Dublin Specific Plan, subject to Site Development Review approval. [PL, PW]
14. All landscape within the open space and common areas, including the neighborhood park and
the intermittent stream and open space corridor shall be subject to Site Development Review
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approval. The proposed landscape plans to be submitted with the Site Development Review
application shall take into consideration Dublin Ranch Phase I PD Rezone comments prepared
~-- by Singer, Hodges, Evans, dated received October 10, 1995. [PL]
15. Appropriate all weather surface (e.g. crushed gravel or rock) vehicular access to open space,
various trail systems and some residential areas, as shown on Exhibit A, shall be provided and
maintained on a continuous basis, to the satisfaction of the Fire Chief, Public Works Director
and Planning Director. [F, PW, PJ
I6. A minimum 25 foot setback from the intermittent stream/open space corridors shall be
encouraged wherever possible. Setbacks for this purpose shall be measured from the edge of
drainage corridors as shown on Figures 4.1, 6.2 and 7.33 of the Specific Plan. [PL]
BUIIrDING
17. All project construction shall conform to all building codes and ordinances in effect at the time
of building permit. [BJ
18. The following information shall be submitted with the Tentative Map application: 1) Dublin
Ranch Phase I Geotechnical Report dated June 19, 1995; 2) solar panel guidelines; 3)
clarification of new Zone 2 or Zone 3 water reservoir location and need; 4} City of Pleasanton's
water reservoir details (i.e., fences, retaining walls, roadway for access). [BJ
PARKS AND RECREATION
19. The applicant shall comply with the City's Dublin Municipal Code ,Chapter 9.28 Dedication of
Land for Park and Recreation Purposes and the Dublin Parks and Recreation Master Plan park
dedication and design requirements by either dedicating 12 acres of park land, or paying park
dedication in-lieu fees, or providing a combination of both park land dedication and in-lieu fees
based on the maximum number of units proposed, prior to Final Subdivision Map approval. The
City may consider the applicant's request to improve the public neighborhood park and receive
credit for those improvements to the public park. The City shall be responsible for designing
and inspecting the public park. [P, PW, PL]
19A. At the time of Tentative Map approval, the City may consider the applicant's request for credit
for the two (2) acre private recreation facility in accordance with the Dublin Municipal Code,
Chapter 9.28 Dedication of Lands for Park and Recreation Purposes. Should the City deny the
applicant's request, the applicant may delete the private recreation facility from the Land Use
and Development Plan (LUDP), and through the Planning Director's review and approval of the
modified LUDP and Tentative Map, develop the site in conformance with the Single Family
Residential land use designation and zoning. The maximum number of units that could be
allowed for this 2- acre site is 12 dwelling units. In this case, a maximum of 859 dwelling units
could be allowed for the Dublin Ranch Phase I Rezone project. [P, PW, PLJ
~ BIOLOGICAL RESOURCES
20. The applicant shall comply with the City's proposed Stream Corridor Restoration Program and
the Grazing Management Pian. The project's intermittent stream enhancement and restoration
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improvements shall comply with the Plan requirements and shall be submitted with the Tentative
Map application for the Dublin Ranch Phase I project. If a Stream Corridor Restoration
Program and the Grazing Management Plan have not been adopted prior to approving the
Tentative Map for the project, the applicant shall provide project specific stream corridor ~-
restoration and grazing management requirements and shall submit this plan during the Tentative
Map project review. [PL, Zone 7, PW]
21. 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 survey prepared within 60 days prior to any habitat modification to verify the
presence of sensitive species. A biologist shall prepare the survey and shall he 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 shaII be submitted with the
Tentative Map application. [PL]
PARKING
22. The availability of adequate on-street parking within the Medium Density Residential area shall
be re-assessed prior to Tentative Map approval to determine its adequacy. [PL, PW]
TRAFFIC/PUBLIC WORKS
23. The Applicant shall meet all City of Dublin minimum roadway standards for public streets prior
to Tentative Map approval. All minor modifications to the City's roadway standards shall be
subject to the review and approval of the Public Works Director. [PW] V
24. Applicant shall pay a traffic impact fee or construct required improvements based on the
adopted Eastern Dublin Traffic Impact Fee (per Resolution No. 1-95) and the proposed I-580
Interchange Traffic Impact Fee (fee that will be agreed upon by the City of Dublin and City of
Pleasanton for interchange improvements), as such fees may hereafter be modified or amended..
These fees shall be paid prior to final inspection of each unit, unless and until, the City Council
amends Resolution 1-95 to make the fee payable prior to issuance of building permits. [PW, B]
25. The applicant shall submit an update of the traffic study prepared by TJKM dated December,
1995 with the Tentative Map application and the study shall be subject to review and approval
by the Public Works Director. Appropriate traffic mitigation measures will be identified and
included as conditions of Tentative Map approval. Such traffic mitigation may include, but not
be limited to: [PW]
a. Traffic signalization
b. Roadway shoulder construction
c. Frontage improvements
d. pavement widening
e. Overlays of existing pavement
f. Dedications ofright-of--way
g. Restriping
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26. Where decorative paving is installed in public streets, pre-formed traffic signal loops shall be
used under the decorative paving. Where possible, irrigation Laterals shall not be placed under
~ , the decorative paving. Maintenance costs of the decorative paving shall be included in a
landscape and lighting maintenance assessment district or other funding mechanism acceptable
to the City Manager. Decorative paving plans shall be submitted with the Tentative Map
application submittal and shall be subject to the review and approval of the Public Works
Director. [PW, ADM]
27. Street lights on arterial streets shall be the City Standard cobra head luminaries with galvanized
poles. Where decorative lights are to be used on residential streets, these lights shall be
designed so as to not shine into adjacent windows, shall be easily accessible for purchase over a
long period of time (e.g. 30 or more years), and shall be designed so that the efficiency of the
lights do not require close spacing to meet illumination requirements. A street lighting plan
demonstrating compliance with this condition shall be submitted with the Tentative Map
application and shall be subject to the Public Works Director's review and approval. [PW]
28. Street name signs shall display the name of the street together with a City Standard shamrock
logo. Posts shall be galvanized steel pipe. A street sign plan shall be submitted with the
Tentative Map application and shall be subject to the Public Works Director's review and
approval. [PW]
29. The applicant shall construct a minimum 10 foot wide bicycle/pedestrian path between the
looped residential collector street and Fallon Road, as shown on Exhibit A. [PW, PL]
FIRE
30. 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. [F]
31. Afire buffer zone between the development area and open space area shall be provided and
maintained by a home owners association on a continuous basis to the satisfaction of the
Dougherty Regional Fire Authority. [F]
32. The applicant shall comply with the City's proposed Wildfire Management Plan. The Plan
requirements shall be incorporated into the CC&Rs for the Dublin Ranch Phase I project. If a
Wildfre Management Plan has not been adopted prior to approving the CC&Rs for the project,
the applicant shall provide a project specific wildfire management plan and shall submit this plan
during the Tentative Map project review. [F, PL, PW]
UTILITY SERVICES/POSTAL SERVICES
33. The location and siting of project specific wastewater, storm drainage and potable water system
infrastructure shall be consistent with the resource management policies of the Eastern Dublin
Specific Plan. [PL, PW, DSR]
34. All on- and off-site potable and recycled water and wastewater facilities shall be constructed in
conformance with DSRSD Major Infrastructure Policy (Res. 29-94). The applicant shall submit
plans for the potable and recycled water and sewer system to service this development
.~.,
acceptable to DSRSD, pay fees required by DSRSD and receive DSRSD's approval prior to
issuance of any building permit. Developer-dedicated facilities shall be in conformance with the
DSRSD Standard Specifications and Drawings. [B, PW, DSR]
`r'
35. The applicant shall provide a "will" serve letter from DSRSD prior to issuance of the grading
permit for the grading that creates individual building sites, which states that the Dublin Ranch
Phase I project can be served by DSRSD for water and sewer prior to occupancy. [B, PW]
36. A recycled water distribution system for the landscaping within Dublin Ranch Phase I area shall
be provided per the City of Dublin, Zone 7, and DSRSD requirements. The landscaping areas
must meet City of Dublin Water Efficient Landscape Ordinance requirements. [PW, Zone 7,
DSRJ
37. Applicant shall provide Public Utility Easements per requirements of the City of Dublin and/or
public utility companies as necessary to serve this area with utility services. [PW]
38. The applicant shall confer with local postal authorities to determine the required type of mail
units and provide a letter from the Postal Service stating their satisfaction at the time the
Tentative Map and Site Development Review submittal is made. Specific locations for such
units shall be to the satisfaction of the Postal Service and the Dublin Planning Department. [PL]
39. Prior to issuance of building permits, the applicant shall provide "will serve" letters from
appropriate agencies documenting that adequate electric, gas, telephone and landfill capacity is
available prior to occupancy. [PL]
40. The applicant shall work with DSRSD to help fund a recycled water distribution system
computer model that reflects the adopted Eastern Dublin Specific Plan and General Plan
Amendment. [DSR]
41. The applicant shall comply with all Alameda County Flood Control and Water Conservation
District -Zone 7 Flood Control requirements and applicable fees. [Zone 7, PW]
MISCELLANEOUS EASTERN DUBLIN SPECIFIC PLAN/GENERAL PLAN AMEI~'DMENT
FINAL EIR MITIGATION MEASURES
42. Applicant shall work with LAVTA to establish the need, bus route(s), bus turnouts, bus stop
sign locations, bus shelter locations, and other transit amenities for this project prior to Site
Development Review approval. [PW]
43. Applicant shall design bus turnouts, transit shelters and pedestrian paths (sidewalks) consistent
with the proposed LAVTA routes and stops and the City. of Dublin's requirements and
standards prior to issuance of building permits for the residential units. Conceptual design plans
shall be submitted with the Tentative Map application submittal and subject to the Public Works
Director review and approval. Construction shall be undertaken as part of the street
improvement work. [PW]
44. The applicant shall comply with the City's erosion and sedimentation control ordinance. [PW].
12
`ar-'
. ~,_,
45. The applicant shall comply with all visual resource mitigation measures of the FEIR relative to
grading, scenic corridors, scenic vista preservation, and similar visual resources. [PL, PW]
r--
46. The applicant shalt comply with the City's solid waste management and recycling requirements.
~~~
47. AlI new reservoir construction shall comply with DSRSD's requirements. [DSR, PW]
48. The applicant shall comply with all applicable action programs and mitigation measures of the
Eastern Dublin General Plan AmendmentlSpecific Plan and companion Final Environmental
Impact Report (FEIR), respectively, that have not been made specific conditions of approval of
this PD Rezone. (PL]
PASSED, APPROVED AND ADOPTED this 23rd day of January, 1996.
AYES: Councilmembers Barnes, Burton, Howard, Moffatt and Mayor Houston
NOES: None
ABSENT: None
~~, '
ABSTAIN: None I ~ L
~-- Mayor
ATTES
ity Cl
K'/G/I -23-96/reso-1 i n. d oc
13
. .~ ,
R)'/SOLUTION NO. 139 - 97
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING FINDINGS AND GENERAL PROVISIONS FOR
A PLANNED DEVELOPMENT (PD) DISTRICT REZONE CONCERNING PA 9G-038
DUBLIN RANCH AREA A
WhII;REAS, Ted FaiifieId, representing property owner Jennifer Lin, submitted a Planned
Development (PD) District Rezone request (PA 96-038 Dublin Ranch Area A) far rezoning an
approximately 351.5 acre site to the following land uses: 135.3 acres to PD Low Density Residential, 71.5
acres to PD Rural Residential Agriculture, and 144.7 acres Open Space. These land uses are proposed to
acconunodate future development of up to 573 dwelling units in 7 neighborhoods, accessory recreational
uses, a golf course, and related improvements. The project is generally located north of the Interstate 580
Freeway, along both sides of the planned Fallon Road extension, and east of Dublin Ranch Phase I, within
the Eastern Dublin Specific PIan project area; and
tiVIiEREAS, a1 October 10, 1994, the City Council approved a Planned Development District
Overlay Zane (Prezone} fora 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 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 unasumously disapproved the
request to reconsider the Eastern Dublin Reorganization approval (PA 94-030); and
'VF'HEREAS, on January 23, 1995, the City Council ordered the territory designated as
AnnexationlDetachment No. 10, which includes the 1,538 acre site, annexed to the City of Dublin and
annexed to the Dublin San Raman Services District and detached from the Livermore Area Recreation and
Park District (PA 94-030); and
WHEREAS, Annexation/Detachment No. 10, including 1,538 acres in Eastern Dublin, became
effective on October 1, 1995; and
ATTACHMENT 3
~,
V4'HEREAS, the entire annexation area was prezoned to Planned Development in accordance with
the Eastern Dublin General Plan and Eastern Dublin Specific Plan and subject to further refinement of
zoning use and development standards; and
WHEREAS, the Dublin Ranch Area A project is located within the 1,538 acre site that was
prezoned and annexed; 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 Ordinance 4-94; and
WHEREAS, the California Environmental Quality Act (CEQA), State GEQA 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, a Program EIR was prepared and certified for the Eastern Dublin General Plan and Eastern
Dublin Specific Plan addressing development of Eastern Dublin; and
WHEREAS, Public Resources Code Section 21080.6 requires the City to adopt a reporting or monitorir
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, a Mitigation Monitoring Program was adopted for the Certified Program Environmental
Impact Report for the Eastern Dublin General Plan and Eastern Dublin Specific Plan, in accordance with Public
Resources Code Section 21080.6; and
WHEREAS, an Initial Study dated June 18, 1997 was prepared for the project and is available and on fii
in the Planning Department; and
WHEREAS, the Initial Study reviewed the General Plan/Specific Plan Program EIR to determine if
additional environmental review was required for the project; and
WHEREA5, the Initial Study determined that the Area A project would have no new significant
environmental effects beyond those identified in the Program EIR. New effects identified for the project would t
avoided or reduced to a level of insignificance through project revisions, project conditions of approval and
applicable mitigation measures from the Program EIR and adopted Mitigation Monitoring Program; and
WHEREAS, based on the Initial Study determination, staff prepared a draft Negative Declaration and
circulated it for public review as required by CEQA. No public comments were received during this time; and
WHEREAS, a staffreport was prepared sununarizing the site's land use; background; project descriptie
General Plan and Specific Plan and zoning consistency; and the environmental analysis for the project; ~~hich sta
report is incorporated herein by reference; and
~i'HEREAS, the Planning Commission of the City of Dublin held a public hearing on October 28,
1997, to consider the Initial Study, Negative Declaration, and the Planned Development Rezoning, for the
Project; 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 Rep
on the Planned Development Rezoning, including the Initial Study and Negative Declaration on the environment
effects of the project; and
WHEREAS, the Planning Commission heard and considered the documents, recommendations,
written and oral testimony submitted at the public hearing.
WHEREAS, following a public bearing the Planning Commission voted to recommend City
Council adoption of a Negative Declaration and approval of the PD Rezone; and
~'~HEREAS, the City Council of the City of Dublin held a public hearing on November 18, 1997,
to consider the Initial Study, Negative Declaration, and the Planned Development Rezoning, for the
Project; and
WHEREAS, proper notice of the City Council public hearing was given in all respects as required
by law; and
WHEREAS, the City Council received and reviewed the City Planning Department's Staff Reports on tl
Planned Development Rezoning, including the Initial Study and Negative Declaration on the environmental effec
of the project; and
WHEREAS, the City Council heard and considered the documents, recommendations, written and oral
testimony submitted at the public hearing.
WHEREAS, the City Council adopted the Resolution shown in Exhibit A approving the Negative
Declaration for the Project, based upon the findings contained in that Resolution.
NOW, THEREFORE, BE IT RESOLVED that the City Council will adapt the rezoning Ordinance
shown in Exhibit C for the following reasons:
1. The proposed PD Rezone, as conditioned, is consistent with the general provisions and purpose
of the PD District Overlay Zone (PD Prezone), the City General Plan and the Eastern Dublin
Specific Plan provisions and design guidelines; and
2. The rezoning, as conditioned, is appropriate for the subject property in terms of land use
compatibilities; will not overburden public services; and provides a comprehensive plan for
residential and recreational development of the Area A site while preserving sensitive portions
of the site from intense development; and
3. The rezoning 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 City Council hereby adopts PA 96-038 Dublin Ranch
Area A PD Rezone, subject to the general provisions listed below:
.~._ ,
GENERAL PROVISIONS
A., Purpose
This approval is for a Planned Development (PD) District Rezone for PA 96-038 Dublin Ranch Area
A This PD District Rezone includes a Land Use and Development Plan and District Planned
Development Plan, which is consistent with the initial Planned Development (PD) District Prezone
and amends the initial Prezone to provide more detailed Land use and development plan provisions.
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 adherence to
the following policies from the General Plan and Eastern Dublin Specific Plan:
1. ~ Concentrate development on less environmentally and visually sensitive or constrained
portions of the plan area and preserve significant open space areas and natural and
topographic landscape features with minimum alteration of land forms.
2. 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
conununrty.
3. Create an attractive, efficient and safe environment.
4. Develop an environment that encourages social interaction and the use of common open
areas for neighborhood or community activities and other amenities.
Create an environment that decreases dependence on the private automobile.
B. Dublin Zoning Ordinance - Avplicable Requirements
Except as specifically modified by the Provisions of the PD District Rezone, all applicable and
general requirements of the zoning regulations in effect at the time the project components are
processed shall apply to this PD District.
C. General Provisions and Development Standards
INTENT: This approval is for the Planned Development (PD) District Rezone PA 95-03 8
Dublin Ranch Area A_ This approval rezones 135.3 acres to PD Low Density Residential,
71.5 acres to PD Rural Residential Agriculture, and 144.7 acres Open Space, and sets a
maximum of 573 dwelling units. The location of land uses, development concepts and
standard provisions for this project are illustrated by the Land Use and Development
Plan/District Planned Development Plan (LUDPIDPDP) attached as Exhibit B-3, contained
in the packet dated "OCTOBER 199T', consisting of the following:
a) project description
b) land use plan,
c) site plan,
d) design guidelines (including land use and development standards),
4
e} design concept plans
f) other text and supplemental diagrams,
The approval of the Planned Development Rezone incorporates this Land Use and
Development Plan/District Planned Development PIan, in accordance with Ordinance 4-94
of the City's Zoning Ordinance, addressing Planned Developments
2. NUMBER OF UNITS: The total number of units for the Dublin Ranch Area A project, as
shown on the LUDP/DPDP, shall not exceed a maximum of 573 units, except as described
below. The number of dwelling units and mix of densities within each neighborhood may be
modified while staying within the approved density ranges. Any units deleted from one
neighborhood could be added to other neighborhoods if such a modification was found to
be consistent with the Eastern Dublin Specific Plan. However, the maximum number of
units for the overall project (PA 96-038) may not be exceeded, except as follows:
1.) If the project qualifies for a density bonus pursuant to Chapter 8.16 of the Dublin
Municipal Code.
2.) If unique development concepts, project design and/or amenities justify an increase,
and it is found to be an appropriate modification, pursuant to Section 8-31.18 of
Dublin Ordinance 4-94 (requires approval of a Conditional Use Permit).
The actual number of homes which are developed could also be affected by circumstances
discovered as development plans are refined (for example, an unknown landslide).
LAND USES: All standard City provisions for the zoning designations and land use
provisions shall apply, except those specifically superseded by the attached exhibits, or as
modified below:
a. -The "List of Permitted and Conditional Uses" for RRA contained in the approved
PD Rezoning shall be clarified to show that for the "RRA." designation, "Accessory
Structures" related to Residential uses are permitted, but all "Agricultural Uses" will
be designated as Conditional Uses, and "Farm Buildings" will require a Site
Development Review approval, to be consistent with the Dublin Zoning Ordinance
as amended.
4. DEVELOPMENT STANDARDS: Except as specifically modified by the Planned
Development Ordinance for PA 96-03 8 and all provisions of PA 94-030 (City Council
Resolution 104-94) not modified by PA 96-038, all development in Dublin Ranch Area A
shall be subject to the regulations of the closest comparable zoning designation as
determined by the. Community Development Duector and the Dublin Zoning Ordinance.
Desisn of residential units and/or developments within this project shall be generally
consistent with the design concept drawings and design guidelines (including the land use
and development standards) approved with the LZTDP/DPDP. Modifications to building
floor plans and styles will be allowed, and additional styles can be permitted at the time of
Site Development Review if it is determined by the City that they would not change the
overall character of the Dublin Ranch plan. However, the overall size, product type,
~~
architectural character, embellishments, and building materials of homes shall be essentially
of equivalent or superior quality and design character as described in the Area A design
guidelines. Additional standards and conditions applicable to the development are listed in
the CONDITIONS OF APPROVAL section below.
BE IT FIIRTHER RESOLVED THAT THE Dublin City Council hereby adopts PA 96-03 8
Dublin Ranch Area A PD Rezone subject to the following conditions:
CONDITIONS OF APPROVAL:
Unless stated otherwise alI Conditions of Approval shall be complied with prior to final occupancy of any
building, and shall be subject to Planning D~artment review and approval. The followrn~ codes represent
those departments/agencies responsible for monitoring compliance of the conditions of approval. (PL1
Planrun~ IBl Building fPl Parks and Community Services fP01 Police fPWI Public Works, fAD
Administration/City Attorne f FINl Finance fF1 Alameda County Fire Department (Crtv of Dublui's Fire
Service/Prevention~rovider~ fDSRI Dublin San Ramon Services Drstnct fCOl Alameda County Flood
Control and Water Conservation District fZone 71.
GENERAL
1. The project approval for the Dublin Ranch Area A PD Rezone (PA 96-038) is represented by the
Land Use and Development Plan(LUDP) and District Planned Development Plan (DPDP). These
Flans incorporate supplemental text and diagrams attached to this resolution, including conceptual
architecture, landscape and open space design guidelines, as well as specific development standards.
for the various land uses. These materials along with this resolution establish the standazd
provisions and conditions of approval for the project. jPL]
2. Prior to obtaining building permits, the applicant must receive Site Development Review (SDR)
approval for any development. The materials submitted for Site Development Review shall be in
substantial conformance with this PD Rezone and the Eastern Dublin Specific Plan. Minor
modifications to the PD development concept maybe allowed without requiring an amended PD
Rezone approval. 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]
3. Except where specified otherwise within these General Provisions for PA 96-038, development
shall comply with the City of Dublin Site Development Review Standard Conditions [PL], and with
the City of Dublin Residential Security Requirements. [PO]
4. Except where specified otherwise, references in these conditions of approval to Tentative Map are
meant to refer to the initial tentative subdivision map(s) creating individual Lots, and not to the
processing of a Master Tentative Map, which, as provided for by the Eastern Dublin Specific Flan,
is intended for Large land holdings, to create larger interim parcels intended for further subdivision
at a Later date. If one or more Master Tentative Maps are proposed, any such submittal shall be
conspicuously labeled as such and shall be accompanied by a written explanation of the purpose and
~..
operation of the proposed interim parcels. The applicability to a Master Tentative Map of the
conditions contained herein wlvch refer to a tentative map shall be determined by the City at such
time as a Master Tentative Map submittal is made.
DESIGN STANDARDS:
5. In addition to the applicable standards mentioned above, the following additional standards shall
apply to development of Dublin Ranch Area A:
a. Design of individual product types is subject to further review at the time of Site Development
Review. Changes to lotting patterns, circulation systems, and number of units may be necessary to
address new issues discovered as a result of more detailed levels of review at the time of Site
Development Review and or Tentative Map. [PL, PO, F]
b. Minimum building separation for side yard setbacks for all Low Density Single Family
Detached units shall be as follows:
1) In neighborhoods where the minimum lot size is greater than 6,500 square feet: 15'
2) In neighborhoods where the minimum lot size is greater than 4,000 square feet, but less
than 6,500 square feet: 10' [PL, B]
Minimum rear yard setbacks for Low-Density Single-Family Detached units are as follows:
1) In neighborhoods where the minimum Iot size is 6,500 square feet or greater: 15'
2) In neighborhoods where the minimum lot size is greater than 4,000 square feet or
greater, but less than 6,500 square feet: 15' for the main building, and 10' for a wing of the
building (wing shall be no wider than one-half the width of the unit). [PL, B]
d. Some new models in subdivisions shall provide single story elements and/or give the appearance
of single-story units, and shall snake every effort to locate such units on corner lots, at the ends of
streets, and within long rows of houses to provide visual diversity to the street scene. [PL]
e. All front yards and common areas in conventional residential subdivisions shall be landscaped by
the initial builder prior to issuance of occupancy. Front yards of custom-home subdivisions shall be
landscaped within six months of occupancy, and the method of ensuring compliance shall be
addressed within the subdivision CC&Rs. [PL]
f. To avoid the appearance of a "walled community", homes should be oriented toward and take
access from collector streets where possible. Where long stretches offences or walls will be used,
variations in materials, wall alignments, and landscaping shall be used, and the fence or wall Line
shall be aligned to allow for the creation of landscaped areas between the fence/wall and the street.
The design, location and material of fencing and retaining walls shall be consistent with the wall and
fencing plan included with the design guidelines and be subject to further review at the time of Site
Development Review for the subdivision(s)[PL]
g. Grading on slopes between development shall include sensitive grading techniques (see also
grading section below). Conceptual landscape plans for these interface areas shall be submitted at
the time of Site Development Review to address the special needs of buffering and address visual
impacts of these slope areas. [PL, PW]
7
h. The Declaration of Covenants, Conditions and Restrictions (CC&Rs) of one or more Dublin
Ranch homeowners associations shall be submitted with the Tentative Map andlor Site
Development Review application whichever comes first), and shall be subject to approval of the
City Community Development Director and City Attorney prior to recordation of the Final
Subdivision Map (see also Condition # 18). [PL, ADM]
GRADING
6. The approval of PA 96-038 includes a preliminary grading plan which has been determined to
generally comply with applicable policies of the General Plan and the Eastern Dublin Specific Plan
and mitigation measures of the Eastern Dublin Specific Plan EIR. Compliance with these policies
and mitigation measures will be required throughout the development phases. The continued use of
sensitive engineering design and grading techniques, including minimising height of cut and fill
slopes, making gradual transitions from graded areas to natural slopes, and re-contouring graded
slopes to mimic natural landforms is required. Refined grading plans for the individual tentative
maps shall be subntted which incorporate sensitive grading techniques in order to achieve grading
consistent with but more refined than the conceptual grading plan subject to City approval, prior to
approval of any grading permit or tentative map, whichever is submitted first. [PL, PW]
7. Graded slopes shall be recontoured to resemble the existing natural landforms in the immediate
area, revegetated, and designed to soften or naturalize the look of cut slopes. Grading shall not
extend beyond actual development areas or into open space areas unless for remedial purposes
only. Extensive areas of flat pad grading should be avoided. Building pads should be graded
individually or stepped wherever possible. Building design shall conform to natural land forms as
much as possible. Grades for cut-and-fill slopes should be 3:1 or flatter unless otherwise approved
by the Director of Pubfic Works. [PL, PW]
Fences fbr individual lots shall be placed at the tap of slopes, unless otherwise required due to
subdivision design. Wherever possible, design of the subdivision shall ensure that lot boundary
Lines are located at the top of slopes to avoid visible fence lines running down hillsides and visible
interior lot areas. The subdivision design shall ensure adequate slope angle and area to facilitate
revegetation of slopes and to avoid lazge, unsightly retaining walls wherever possible. jPL, PW]
9. The applicant shall comply with the City's grading ordinance. Grading done prior to approval of
Tentative Map approval is at developers risk. [PL, PW]
DEVELOPMENT AGREEMEI`T'T
10. -The Area A project proponent and the City of Dublin shall enter into a Development Agreement
prior to Tentative Map approval, which shall contain, but not be limited to, provisions for financing
and timing of on and o$=site infrastructure, payment of traffic, noise and public facilities impact
fees, affordable housing, resolution to issues such as ownership and maintenance of open space
areas, and other provisions deemed necessary by the City to find the project consistent with the
Eastern Dublin Specific Plan. At some future date, the applicant shall be responsible for paying aIl
fees required by the Development Agreement. [PL, ADM]
NOISE
11. The mitigation measures recommended in the Noise Study for Area A, including the soundwali
along Fallon Road (conducted by Charles Salter & Associates, dated April 17, 1997), shall be
incorporated into the project. If changes in or refinements to development plans result in
inadequate noise mitigation or necessitate undesirable noise attenuation measures, greater setback
distances may be required, and the intensity of the residential units maybe affected. * [PL, B]
VISUAL IlvIPACTS /SCENIC CORRIDOR POLICIES
12. The conceptual plotting plans/visual studies submitted with the application for Area A PD Rezone
demonstrate the general appropriateness of land uses and development standards included with this
LUDP/DPDP with respect to the City's Scenic Corridor Policies and Standards and Eastern Dublin
EIR Mitigation Measures. Compliance with the General Plan and Specific Plan is contingent upon
continued monitoring to address visual impacts throughout subsequent application processing and
development phases. If, at the time of review for individual tentative maps and site development
review, the project subnuttal is not consistent with the conceptual plotting plan/visual study
submitted with this application, the City shall determine whether additional or more refined
measures are required to address impacts upon visual resources and scenic/aesthetic resources.
Methods whuch maybe required include, but are not limited to, use of sensitive grading techniques,
sensitive situig of development areas, and berms and landscaping for visual buffers. [PL]
13. Development in designated scenic corridor areas shall continue to comply with the requirements of
the Dublin Scenic Comdor Policies and Standards [PL]
LANDSCAPE/OPEN SPACE/TR..AILS
14. All graded cut and fill slopes shall be revegetated. A detailed landscape plan shall be submitted
with Site Development Review for each tentative map, to address appropriate }andscaping for
slopes in open space and other visible areas in the project. Special attention should be paid to
selecting appropriate sustainab}e vegetation to recreate the scenic resource value of the open space
and hillside areas. A separate landscape plan shall be submitted in conjunction with SDR process
for the golf course facility which addresses the unique landscaping requirements of the golf course.
[pLJ
1 ~. Plant materials for revegetated slope shall comply with applicable standards of the City's Wildfire
Management Plan. Meadow grasses may not be acceptable in these areas. [PL, PW]
16. As part of Final Map approval, the dedication for ownership of open space and trail corridors shall
be designated. No credit for these areas and improvements shall be given towards parkland
dedication requirements. Ail landscape within the open space and common areas, including the
An exarrrple of arr undesirable noise attenuation nreascrre Wright be a requirerrrent to construct a 12 foot high
soundx~all for homes too close to a noise source. T1ze potential need to require greater setbacks to minimize noise
impacts should not necessarily impact the number of units on site. The PD zoning establishes the flexibility to
cluster units at a greater density on sarrre porfions of the site if necessary in order to leave open, "neutral zone"
areas for noise buffers.
+r
i~itermittent stream and open space corridor shall be subject to Site Development Review approval.
[P, PL, PW]
17. Tlie project developers} shall comply with the applicable Open Space Policies of the General Plan
ar~d Specific Plan and the City's Grazing Management Pian. The project's stream/open space
corridor enhancement and restoration improvements shall comply with the Specific Plan
requirements and shall be submitted with Tentative Map and/or Site Development Review
applications for the project, whichever are submitted first. A minimum 25 foot building setback
from the intermittent stream/open space corridor shall be maintained wherever possible. Setbacks
for this purpose shall be measured from the edge of drainage corridors, as shown on Figures 4.1,
6.2 and 7.33 of the Specific Plan, or as modified by the Area A LUDP/DPDP. [PL]
18. A Community Homeowners Association shall be created for Area A of Dublin Ranch and a
Declaration of Covenants, Conditions, and Restrictions ("Declaration"} will be prepared and
recorded. The Declaration will require that the Community Homeowners Association manage and
maintain site improvements as established by the Development Agreement required by the EDSP,
including but not limited to: open space, including fire buffer zones, intermittent stream/open space
corridor and trails; community and neighborhood entries; landscaping, parkway areas,
monumentation, water features, lighting, signage, walls, and fences, street trees, street signs, walks,
and street furniture as. The Declaration will establish easements and other rights-of--way necessary
for the Community Association to fulfill its responsibilities. The Declaration will specify that, as it
pertains to the maintenance of the site improvements described by the Development Agreement, it
cannot be amended without the consent of the City. One or more separate homeowners
associations may be needed for the individual residential areas for ownership and maintenance of
private improvements which are common to the particular residential areas but which are not for
the use of the entire community. [PL, ADM]
19. In order to optimize use and provision of open space in the project, trails, pedestrian pathways,
bicycle lanes and access roads and points shall be provided. Trails shall be constructed to provide
continuous routes linking residential projects, public areas and existing or planned trails in the
vicinity. Such trails, pedestrian pathways, fire access roads, bicycle lanes and access points shall be
provided as illustrated on the LUDP/DPDP recreation amenities/pedestrian circulation plan
approved with this project. Convenient connections and access points to these trails, intermittent
stream corridors, open space, or other parks or circulation system from individual developments
shall be provided, using signage and access points in centralized locations with visible and clear
access (minimizing areas hidden by structures), so that access to trails occurs via prominent and
visible traillnead markers. Methods to provide connections which are strongly encouraged include
greenbelts, parkways, landscaped perimeter areas & common areas, openings at ends of cul-de-
sacs, and other private recreation facilities. Design of these areas is subject to the review and
approval of City Police, Fire, Parks & Community Services, Planning, and Public Works
Departments, at the time of tentative map and Site Development Review. [PL, PO, F, PW, P]
20. Construction and phasing of trails shall be addressed in further detail with review of the Tentative
Map. Trail construction shall be coordinated and interim trail segments maybe required to provide
links or loops in areas lacking connections to future trails, or to avoid "dead ends", until complete
trail loops are constructed. Developer-provided bond or other financial security mechanism maybe
required. [F, PW, PO, PL, P]
10
21. Appropriate all weather surface for vehicular access to open space, various trail systems and some
residential areas, as shown on the LUDP/DPDP, shall be provided and maintained on a continuous
basis, to the satisfaction of the Fire Chief, Public Works Director and Community Development
Director. Trails shall be constructed to provide continuous routes linking residential projects, public
areas and existing or planned trails in the vicinity as depicted on the recreation amenities/pedestrian
circulation plan approved with the project. Additional trail segments may be required to be
constructed in the interim, to provide links or loops in areas lacking connections to ultimate trails,
until complete trail Loops are constructed. [F, PW, PO, PL, P]
BUILDING
22. All project construction shall conform to all building codes and ordinances in effect at the time of
building permit. [B]
PARKS AND RECREATION
23. The applicant shall comply with the City of Dublin Municipal Code, Chapter 9.28 Dedication of
Land for Park and Recreation Purposes and the Dublin Parks and Recreation Master Plan park
dedication and design requirements by either dedicating required acreage of park Land, or paying
park dedication in-lieu fees, or providing a combination of both park land dedication and in-lieu
fees based on the maximum number of units proposed, prior to Final Map approval. Additional
details regarding park dedication shall be addressed in the development agreement for Area A. [P,
PViT, PL]
BIOLOGICAL RESOURCES
24. 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 survey prepared within 60 days prior to any habitat modification to determine
whether or not sensitive species are present. A biologist shall prepare the survey which 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 shall be submitted with the
Tentative Map application. [PL]
TR.AFFIC/PUBLIC WORKS
25. Project shall be subject to all adopted standards and project specific conditions of the Public
Works Department. Development shall comply with conditions of approval identified in
Memorandum dated October 23, 1997, included as Attachment B-1. Any minor modifications to
the City's roadway standards shall be subject to the review and approval of the Public Works
Director. [PW]
26. Installation of Roadways, Public Improvements and Infrastructure shall be completed by developer.
The Development Agreement required for this project shall include details about the phasing and
financing of improvements, funding mechanism for maintenance of open space areas and
homeowners association maintenance. The phasing of improvements is subject to the approval of
the affected City Departments. The Development Agreement is required prior to approval of any
tentative subdivision maps. [PL, PW, ADM]
11
27. The applicant shall submit updated traffic studies with each Tentative Map application and the
study shall be subject to review and approval by the Public Works Director. Appropriate traffic
mitigation measures will be identified and included as conditions of Tentative Map approval. Such
traffic mitigation may include, but not be limited to: [PW]
a. Traffic signalization
b. Roadway shoulder construction
c. Frontage improvements
d. pavement widening
e. Overlays of existing pavement
f. Dedications of right-of--way
g. Restriping
h. Installation of any improvements in phases, where phasing is proposed
28. Where decorative paving is installed in public streets, pre-farmed traffic signal loops shall be used
under the decorative paving. Where possible, irrigation laterals shall not be placed under the
decorative paving. Maintenance costs of the decorative paving shall be considered in the
Development Agreement and a funding mechanism shall be developed which is acceptable to the
City Manager. Decorative paving plans shall be submitted with the Tentative Map submittal and
shall be subject to the review and approval of tl~e Public Works Director. [PW, ADM]
29. Street lights on arterial streets shall be the City Standard cobra head luminaries with galvanized
poles. Where decorative Lights are to be used on residential streets, these lights shall be designed so
as to not slune into adjacent windows, shall be easily accessible for purchase over a long period of
time (e.g. 30 or more years}, and shall be designed so that the efficiency of the lights does not
require close spacing to meet illumination requirements. A street lighting plan demonstrating
compliance with this condition shall be submitted with the Tentative Map application and shall be
subjecit to the Public Works Director's review and approval. [PW]
3 0. Street name signs shall display the name of the street together with a City Standard shamrock logo.
Posts shall be galvanized steel pipe or other material acceptable to the Public Works Director. A
street sign plan shall be submitted with the Tentative Map application and shall be subject to the
Public Works Director's review and approval. [PW]
FIRE
3 ! . The development shall comply with all Alameda County Fire Department (City of Dublin's Fire
Service/Prevention provider) fire standards, including minimum standards for emergency access
roads and payment of applicable fees, including a Fire Capital Impact Fee. This project shall be
subject to the additional conditions contained in the memorandum from the Dublin Fire Prevention
Division, dated Qctober 10, 1997, included as Attachment B-2.[F]
32. Prior to approval of the first tentative map, a vicinity plan for emergency access shall be provided,
subject to review and approval of the City and Alameda County Fire Department (City of Dublin's
Fire Service/Prevention provider}. The plan shall show connections of new fire roads/trails to
existing and proposed roads, trails, structures, vegetation fuel load type, and water supply
locations. Details of improvements needed for accessibility beyond main roads, such as location,
12
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width, number of access points to development, and off-site improvements needed, shall be
reviewed and finalized to City's acceptance prior to approval of first tentative map.
33. "Fire Apparatus Access Roads" are needed to provide access and emergency service to structures
and buildings. "Fire Roads/Trails" are needed to provide access and emergency service to wildland
interface/open space areas and other public areas. The following fire roads are required for the
Area A project:
a. A Fire Apparatus Access Road shall have a paved surface capable of supporting the
imposed load of a fire apparatus with a minimum clear width of 20' and a vertical clearance
of 13'6", and shall provide for local drainage, subject to City approval. A Fire Apparatus
Access Road shall be provided to the golf course maintenance facility, and any other
structures/buildings.
b. Fire Roads/Trails shall be a minimum of 12' wide with a vertical clearance of 13'6". An
additional 4' clear space shalt be provided on each side of the fire road and shall be
maintained free of obstructions. The road surface shall be capable of supporting the
imposed weight of a fire apparatus, must be provided with anall-weather surface, and shall
provide for local drainage, subject to City approval. Fire Roads/Trails shall be provided to
access the golf course and slope areas as follows:
(1) On the east side of the project adjacent to the golf course and the wildland
interface/open space. The fire road/trail shall be accommodated within the cart path and
shall run between the golf maintenance facility and the collector street west of the future
elementary school site.
(2) Along the west side of this project, adjacent to Dublin Ranch Phase I, with multiple
s pourts of access to the Please I residential area as depicted in the approved Phase I PD
documents and which ties into the northern most cul-de-sac of Phase I.
(3} Along the east side of the project adjacent to the wildland interface/open space ne~~t to
neighborhood L-7 (may be combined with the regional trail shown on the Pedestrian and
Vehicular Circulation PIan exhibit).
c. Additional f re access road width shall be provided at entry points, curves, andlor
connecting points, as necessary for emergency apparatus operations.
d. Signs shall be posted on all fire roads/trails stating "FIRE ROAD ACCESS POINT -KEEP
CLEAR".
34. The'applicant shall comply with the City's adopted Wildfire Management Plan. A Vegetation plan
and maintenance management plan for buffer areas between the development and/or golf course
and the wildland interface areas shall be provided and subject to review of the City and Alameda
County Fire Department (City of Dublin's Fire Service/Prevention provider), prior to Site
Development Review approval. Other Plan requirements maybe incorporated into the CC&Rs for
the Dublin Ranch Area A project. [F, PL, PW]
13
UTILITY/SERVICE PROS-ZDERS/POSTAL SERVICES
35. The location and siting of project specific wastewater, storm drainage and potable water system
infrastructure shall be consistent with the resource management policies of the General Plan and
Eastern Dublin Specific Plan. [PL, PW, DSR]
36. Applicant shall provide Public Utility Easements per requirements of the City of Dublin and/or
public utility companies as necessary to serve Area A with utility services. [PW]
37. The applicant shall confer with local postal authorities to determine the required type of mail units
and provide a letter from the Postal Service stating their satisfaction at the time the Tentative Map
and/or Site Development Review submittal is made. Specific locations for such units shall be to the
satisfaction of the Postal Service and the Dublin Planning Department. [PL]
33. Prior to issuance of building permits, the applicant shall provide "will serve" letters from
appropriate agencies documenting that adequate electric, gas, telephone and landfill capacity is
available prior to occupancy. [PL]
39. Applicant shall work with LAVTA to establish the need, bus route(s), bus turnouts, bus stop sign
locations, bus shelter locations, and other transit amenities for this project prior to Site
Development Review and/or Tentative Map approval. Applicant shall design bus turnouts, transit
shelters and pedestrian paths (sidewalks) consistent with the proposed LAVTA routes and stops
and the City of Dublin's requirements and standards prior to issuance of building pernuts for the
residential units. Conceptual design plans shall be submitted with the Site Development Review
and/or Tentative Map application submittal and subject to the Public Works Director review and
approval. Construction shall be undertaken as part of the street improvement work. [PW]
40. Developer shall comply with the requirements of the NPDES program. jPW]
41. The applicant shall comply with all Alameda County Flood Control and Water Conservation
District -Zone 7 Flood Control requirements and applicable fees. [Zone 7, PW]
42. The applicant shall comply with all Dublin San Ramon Services District requirements and
applicable fees, including but not limited to the following: [D SR, PL, PW]
a. Any new reservoir construction shall comply with DSRSD's requirements. [DSR, PW]
b. The project shall comply with the DSRSD Ordinance #276, establishing Recycled Water Use
Zone 1 in Eastern Dublin. A recycled water distribution s}stem for the landscaping within
Dublin Ranch Area A shall be provided per the City of Dublin, Zone 7, and DSRSD
requirements. The landscaping areas must meet City of Dublin Water Efficient Landscape
Ordinance requirements. [PW, Zone 7, DSR]
14
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All on- and off-site potable and recycled water and wastewater facilities shall be constructed in
conformance with DSRSD Major Infrastructure Policy (Res. 29-94}, The applicant shall submit
plans for the potable and recycled water and sewer system to service this development
acceptable to DSRSD, pay fees required by DSRSD and receive DSRSD's approval prior to
issuance of any building permit. Developer-dedicated facilities shall be in conformance with the
DSRSD Standard Specifications and Drawings. [B, PW, DSR]
43. The applicant shall provide a "will-serve" letter from DSRSD prior to issuance of the grading
permit for the grading that creates individual building sites, which states that the Dublin Ranch Area
A project can be served by DSRSD for water and sewer prior to occupancy. [B, PW]
GOLF COURSE
44. The first nine holes of the Golf Course shall be graded and planting started prior to the issuance of
building permit for the 2~Oth unit in Area A, and the second nine holes shall be graded and planted
prior to the issuance of building permit for the 500th unit in Area A [PL, B]
45. Signage shall be provided restricting public access to play areas of the golf course for safety
purposes. Signage shall be reviewed at the tentative map and site development review stage. [PL]
46. A building permit for construction of the Clubhouse and Recreation Facility shall be obtained prior
to the issuance of the 250th building permit in Area A, along with the development of the first nine
holes of the golf course. These facilities shall be subject to review and approval by the City via the
Site Development Review process.
47. Based upon the analysis included with the Area A LUDP, the golf course, clubhouse, tennis, and
swimnung pool facilities will require a total of 182 parking spaces. Parking location, circulation,
and access will require more detailed review by the City's traffic engineer at the Site Development
Review stage. If size or function of proposed facilities changes significantly from this proposal,
parking needs will be reassessed to ensure adequate land area is available for the facilities and the
necessary parking. [PL]
EASTERN DUBLIN SPECIFIC PLAN/GENERAL PLAN AMENDMENT FINAL EIR MITIGATION
MEASURES
48.. The applicant shall comply with the City's solid waste management and recycling requirements.
{ADM]
49. 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]
1~
,~,. ,
MISCELLANEOUS CONDITIONS
50, The applicant shall pay all City of Dublin fees, including processing fees and development impact
fees, at the times specified in the applicable fee ordinance or resolution which are in effect at such
times. Development impact fees include but are not Limited to the Eastern Dublin Traffic Impact
Fee, the Freeway Interchange Fee, the Public Facilities Fee, the Noise Mitigation Fee, and the Fire
Impact Fee, and the contemplated fee for regional traffic improvements. Processing fees include
but are not Limited to fees for adoption and implementation of the Eastern Dublin Specific Plan.
PASSED, APPROVED AND ADOPTED this 18th day of November, 1997.
AYES: Coufzcilmembers Barnes, Burton, Howard, Lockhart and Mayor Houston
NOES: None
ABSENT: None
ABSTAIN: None
Mayor
ATTEST:
~~
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g•'~a9603 8\CCPDRESA
K2/G/11-18-97/reso2-a. doc
16
~~.
RESOLUTION NO. 02 - xx
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING THE CONDITIONAL USE PERMIT TO AMEND THE PLANNED
DEVELOPMENT REZONE DEVELOPMENT STANDARDS OF PA 95-030 DUBLIN RANCH
PAHSE I, ALSO IDENTIFIED BY THE FOLLOWING TRACT NUMBERS: 6962, 6963, 6964,
6956, 6957, 6958, 6959, 6960, AND 6961 AND PA 96-038 DUBLIN RANCH AREA A: A-1, A-6,
AND A-7, ALSO IDENTIFIED BY THE FOLLOWING TRACT NUMBERS: 7136, 7141, AND
7142.
WHEREAS, the City of Dublin initiated a Conditional Use Permit to make a minor amendment to
the adopted Development Plan of Dublin Ranch Phase I and Dublin Ranch Area A: A-1, A-6, and A-7 to
legalize the existing excess lot coverage within these projects;
WHEREAS, the adopted Planned Development Zoning District Ordinances for Dublin Ranch
Phase I and Dublin Ranch Area A: A-1, A-6, and A-7 required that the R-1 District provisions apply to the
areas;
WHEREAS, Section 8.36.020(A) of the Dublin Zoning Ordinance stipulates that the maximum
lot coverage for single story residences is 40% and two story homes is 35%.
WHEREAS, Section 8.36.100 of the Dublin Zoning Ordinance defines lot coverage as the
maximum lot area that may be covered with buildings and structures;
WHEREAS, residences within both Dublin Ranch Phase I and Dublin Ranch Area A: A-1, A-6,
and A-7 were approved in excess to the lot coverage regulations contained with Section 8.36.020(A) of
the Dublin Zoning Ordinance;
WHEREAS, Section 8.36.080 of the Dublin Zoning Ordinance allows the Planning Commission
by means of a Conditional Use Permit to make minor amendments to an adopted Planned Development,
Development Plan by means of a Conditional Use Permit upon a finding that the amendment substantially
complies with the and does not materially change the provisions or intent of the adopted Planned
Development Zoning District Ordinance for the site;
WHEREAS, this project is part of the Eastern Dublin Specific Plan which was adopted in 1994
and has a certified Program EIR (SCH No. 91-103064). Pursuant to the California Environmental
Quality Act (CEQA), CEQA Guidelines Section 15182, the proposed 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
WHEREAS, the Planning Commission did hold a public hearing on said application on
December 10, 2002, for this project; and
ATTACHMENT y
~,
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
approve, the Conditional Use Permit to make minor modification to the adopted Development Plan;
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 Planning Commission of the City of Dublin
does hereby make the following findings and determinations regarding the proposed Conditional Use
Permit:
A. The proposed amendment substantially complies with and does not materially change the
provisions and intent of the adopted Planned Development Zoning District Ordinances and or the
Site Development Review approvals for the two areas and is compatible with other land uses,
transportation and service facilities in the vicinity because the proposed amendment will not allow
additional development potential or additional coverage to those residences already over the 35%
maximum.
B. The proposed amendment will not adversely affect the health or safety of persons residing or
working in the vicinity, and will not be detrimental to the public health, safety and welfare because
is will not allow additional development potential.
C. There are adequate provisions for public access, water, sanitation, and public utilities and services
to ensure that the amendment would not be detrimental to the public health, safety, and welfare.
D. The area is currently developed and no additional development potential will result from the
proposed amendment.
E. The Planning Commission does hereby find that the amendment substantially complies with and
does not materially change the provisions and intent of the adopted Planned Development Zoning
District Ordinance for the projects because the amendment recognizes the excess lot coverage and
changes the status of these residences from legal non-conforming to legal conforming.
Additionally amending the Planned Development Zoning District would not allow additional
development potential or additional coverage to those residences already over the 35% maximum.
F. The proposed amendment is consistent with the Dublin General Plan and the Dublin Zoning
Ordinance.
BE IT FURTHER RESOLVED THAT THE Planning Commission of the City of Dublin does hereby
approve the Conditional Use Permit for PA 020-59, Dublin Ranch Phase 1 Planned Development, also
identified by the following Tract Numbers: 6962, 6963, 6964, 6956, 6957, 6958, 6959, 6960, and 6961,
and for Dublin Ranch Area A: A-l, A-6, and A-7, also identified by the following Tract Numbers: 7136,
7141, and 7142, to amend the Planned Development Rezone Development Standards to legalize the
existing excess lot coverage within these projects and change the status of these residences from legal
non-conforming to legal conforming in respect to the Zoning Ordinance.
2
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PASSED, APPROVED AND ADOPTED this 10`h day of December, 2002.
AYES:
NOES:
ABSENT:
ATTEST:
anning Commission Chairperson
Community Development Director
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