HomeMy WebLinkAbout8.1 Attch 1 Reso Approving CUPRESOLUTION NO. 11 - XX
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A CONDITIONAL USE PERMIT TO AMEND THE STAGE 2 PLANNED
DEVELOPMENT PLAN FOR FALCON CROSSING (PA 04-016) TO AMEND THE
PLOTTING OF THE RESIDENTIAL UNITS FOR THE PROJECT KNOWN AS CHATEAU
AT FALCON CROSSING LOCATED AT THE INTERSECTION OF
TASSAJARA AND FALCON ROADS
(PORTION OF APN 985-00202-001)
WHEREAS, Standard Pacific Corporation, developer of Chateau at Fallon Crossing,
has filed an application request for a Conditional Use Permit to amend the Stage 2 Planned
Development Zoning PA 04-016, adopted by Ordinance 26-07, to amend the plotting of the
residential units to the new architecture proposed; and
WHEREAS, Section 8.32.080 of the City of Dublin Zoning Ordinance, Planned
Development Zoning District, states that the Planning Commission by means of a Conditional
Use Permit may approve minor amendments to an adopted Planned Development upon a
finding that the amendment substantially complies with and does not material change the
provisions or intent of the adopted Planned Development Zoning Ordinance for the site; and
WHEREAS, the area within Fallon Crossing PA 04-016 allows for single family land
uses; and
WHEREAS, the new architecture resulting in the revised plotting plan is consistent
with all previous approvals; and
WHEREAS, the proposed revised plotting would not result in exceeding allowable lot
coverage for the Fallon Crossing project; and
WHEREAS, there is circulation (both vehicular and pedestrian) adjacent to the
proposed residential lots; and
WHEREAS, the Planning Commission of the City of Dublin held a public hearing on
said application request on November 8, 2011; and
WHEREAS, proper notice of said public hearing was given in all respects as required
by law; and
WHEREAS, the Planning Commission did hear and consider all said reports,
recommendations and testimony herein above set forth and used its independent judgment
to evaluate the project; and
ATTACHMENT 1
WHEREAS, the proposed amendment to the Planned Development Plan (PA 04-016)
has been reviewed and has been determined to be consistent with 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), 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 "FEIR"); and
WHEREAS, on May 10, 1993, the City Council certified an Environmental Impact
Report ("EIR") for the Eastern Dublin GPA/SP Project and an addendum to update plans to
provide sewer service. The May 10, 1993 EIR, the May 4, 1993 addendum and the August
22, 1994 addendum are collectively referred to as the Eastern Dublin EIR; and
WHEREAS, on May 16, 2006, the City Council approved a Mitigated Negative
Declaration by Resolution 71-06, for prezonings, an annexation application (including the
Fredrich property) Stage 1 Planned Development zoning, and a preannexation agreement for
Fallon Crossing PA 04-016; and
WHEREAS, on May 16, 2006, the City Council approved the prezonings and a Stage
1 Development Plan by Ordinance 07-06 for Fallon Crossing PA 04-016; and
WHEREAS, as of July 1, 2007, the project site was annexed to the City of Dublin; and
WHEREAS, on November 13, 2007 the Planning Commission adopted Resolution 07-
58 recommending City Council approval of the Fallon Crossing PA 04-016 Stage 2 Planned
Development Zoning, and adopted Resolution 07-59 approving a Site Development Review
in accordance with Zoning Ordinance Chapter 8.104 for 106 units on 67.8 acres, and
Tentative Map 7617; and
WHEREAS, on December 18, 2007, the City Council of the City of Dublin adopted
Ordinance 26-07 approving Fallon Crossing PA 04-016 Stage 2 Planned Development
Zoning; and
WHEREAS, a Staff Report was submitted recommending the Planning Commission
approve the Conditional Use Permit in accordance with the findings referenced below; 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:
A. The proposed use and related structures is compatible with other land uses,
transportation and service facilities in the vicinity in that the proposed replotting of
the individual lots to conform to the new architecture is compatible with other land
uses, transportation, and service facilities approved for the vicinity.
B. It will not adversely affect the health or safety of persons residing or working in
the vicinity, or be detrimental to the public health, safety and welfare in that it is
a replotting of new architectural units that would not exceed allowable site
coverage for the Fallon Crossing project.
C. The proposed amendment will not be injurious to property or improvements in
the neighborhood in that the new plotting would not violate any standards found
in either the Stage 1 or Stage 2 Development Plans.
D. The proposed amendment will allow adequate provisions for public access,
water, sanitation, and public utilities to ensure that the proposed use and
related structure(s) will not be detrimental to the public health, safety, and
welfare in that: 1) all infrastructure needed to serve the project site has been
constructed; and 2) the amended replotting will reflect the scale, design, and
function of the land plan and in the Fallon Crossing project over all.
E. The subject site is physically suitable for the type, density and intensity of the
use and related structures being proposed in that: 1) The proposed replotting
proposed for amendment is physically suitable for the type, density, and
intensity of the use on the project site; 2) it would be adjacent to other similar
and complementary single family residential structures in the general vicinity;
and 3) there would be adequate parking based on the adopted standards in the
PD development regulations.
F. The proposed amendment will not be contrary to the specific intent clauses,
development regulations, or performance standards established for the PA 04-
016 because it will still meet the intent and be subject to the development
regulations and the performance standards adopted with the PA 04-016 Stage
2 Planned Development Zoning Ordinance (Ordinance 26-07), adopted on
December 18, 2007.
G. The proposed amendment is consistent with the Dublin General Plan and with
any applicable Specific Plans in that it would allow residential density, lot
coverage, and parking provided to remain consistent with the Dublin General
Plan and the Eastern Dublin Specific Plan.
NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the Planning Commission of the
City of Dublin does hereby approve a Conditional Use Permit to amend the Planned
Development Plan (PA 04-016) for Fallon Crossing to amend the plotting of the residential
units (See Sheet C3 of Attachment 3) for the project known as Chateau at Fallon Crossing
located at the intersection of Tassajara and Fallon Roads.
PASSED, APPROVED AND ADOPTED this 8th day of November 2011.
AYES:
NOES:
ABSENT:
Planning Commission Chairperson
ATTEST:
Planning Manager
G:IPA#12004104-016 Mission Peak -Standard PacificlPC 11.08.11 ChateaulPC Reso CUP Chateau 11.08. l l.docx