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HomeMy WebLinkAbout8.2 Attch 3 Exh A CC Reso PD Rezone, Stg 1 & 2 PDORDINANCE NO. XX -12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ***************************************** ADOPTING A PLANNED DEVELOPMENT REZONE AND RELATED STAGE 1 AND 2 DEVELOPMENT PLAN AMENDMENTS FORA 2.8-ACRE PARCEL KNOWN AS CAPISTRELLO COURT WITHIN THE PLANNED COMMUNITY KNOWN AS POSITANO (APN 985-0073-005-00) PA 07-005 The City Council of the City of Dublin does ordain as follows: SECTION 1: RECITALS A. On December 13, 2005, the City Council adopted Ordinance No. 32-05 approving Planned Development Zoning and a related Stage 1 Development Plan for the entire 1,134-acre Fallon Village project area (PA 04-040) and Ordinance 33-05 approving the Stage 2 Development Plan for the 488-acre Braddock & Logan properties (PA 05-038) now known as Positano, which ordinances are incorporated herein by reference. B. The Stage 1 and 2 Development Plans anticipated Semi-Public use of the Project site; the proposed project would modify the previously approved Development Plans to provide for a residential subdivision instead. SECTION 2: FINDINGS A. Pursuant to Section 8.120.050 of the Dublin Municipal Code, the City Council finds as follows. The proposed Stage 1 and Stage 2 Planned Development rezoning for Capistrello Court (the "Property's within the Positano planned community will be harmonious and compatible with existing and potential development in surrounding areas because: the proposed rezoning of the Capistrello Court property from Semi-Public to Single-Family Residential would allow development of the property similar to Single-Family Residential development on surrounding properties located within the Positano planned community. 2. The Capistrello Court Project site is physically suitable for the type and intensity of the Planned Development Zoning District proposed because: 1) it is located within and surrounded by Single-Family development and area zoned for that use; 2) Capistrello Court will be integrated with the adjacent Cantara neighborhood and developed under standards consistent with the standards adopted for the adjacent neighborhoods; 3) the rezoning and Stage 2 Development Plan will allow the construction of 12 units which will remain within the permitted maximum density of 6.0 units per acre. 3. The proposed Stage 1 and Stage 2 Planned Development rezoning for Capistrello Court will not adversely affect fhe health or safety of persons EXHIBIT A TO ATTACHMENT 3 residing or working in the vicinity, or be detrimental to the public health, safety and welfare because: 1) development resulting from the proposed rezoning of the Property would be subject to development standards approved for Single- Family Residential development in the Positano community through Ordinance 33-05; and 2) development resulting from the proposed rezoning of the Property would be subject to ordinance requirements and conditions of approval designed to preserve public health, safety, and welfare. 4. The proposed Stage 1 and Stage 2 Planned Development rezoning for Capistrello Court is consistent with the Dublin General Plan and the Eastern Dublin Specific Plan because the Property has been designated for Single- Family Residential development under the companion General Plan and Eastern Dublin Specific Plan amendments approved by Resolution on 2012; and 2) the requested zoning is consistent with this land use. B. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as follows. 1. The proposed Stage 1 and Stage Rezoning meets the purpose and intent of Chapter 8.32 Planned Development Zoning District of the Dublin Zoning Ordinance because: 1) the proposed project is consistent with the intent of the General Plan and Eastern Dublin Specific Plan designation for Single-Family Residential development approved by Resolution on 2012; and 2) the proposed project complies with purposes stated in Section 8.32.010 of the Dublin Zoning Ordinance by coordinating planning and future development of the Project site with existing and planned residential development in neighboring areas. 2. Development under the Planned District Development Plan will be harmonious and compatible with existing and future development in the surrounding area because: 1) the proposed rezoning of the Capistrello Court property from Semi- public to Single-Family Residential would allow development of the Property to similar Single-Family Residential development on surrounding properties located within the Positano planned community; and 2) with the Project site's shallow southwest slope, adequate hillside slope preservation and bio-retention measures will be incorporated to prevent run-off onto adjacent and surrounding developments.. C. Pursuant to the California Environmental Quality Act, an Addendum was adopted in compliance with the California Environmental Quality Act (CEQA) to previously certified Environmental Impact Reports (EIRs) including: 1) Supplemental EIR (SEIR) SCH #2001052114 by City Council Resolution 40-02 (2002) for the project known as the Eastern Dublin Property Owners (EDPO), and 2) SEIR SCH #2005062010 by City Council Resolution 222-05 (2005) for the larger project known as Fallon Village. Both of the SEIRs are supplements to the 1993 Eastern Dublin EIR certified by the City Council on May 10, 1993 (SCH #91103064 by Resolution 51-930) incorporated herein by reference. The City Council adopted the Addendum on , 2012 by Resolution ,incorporated herein by reference. 2 SECTION 2. ZONING MAP AMENDMENT Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code the City of Dublin Zoning Map is amended to rezone the Capistrello Court property to the PD-Planned Development zoning district: 2.8 acres generally located at the southwest corner of Positano Parkway and West Cantara Drive (APN 985-0073-005-00) ("Property"). A map of the rezoning area is shown below: SECTION 3. APPROVAL OF DEVELOPMENT PLAN AMENDMENTS The regulations for the use, development, improvement, and maintenance of the Property are set forth in the Fallon Village Stage 1 Development Plan adopted through Ordinance 32-05 and Positano Stage 2 Development Plan adopted through Ordinance 33-05 for the Project area except as amended below, which amendments are hereby approved. Any further amendments to the Stage 1 and Stage 2 Development Plans shall be in accordance with section 8.32.080 of the Dublin Municipal Code or its successors. A separately bound document titled Capistrello Court (hereafter "Capistrello booklet"), submitted as part of the Project applications and dated January 2012, is incorporated herein by reference and on file in the Dublin Community Development Department. 1. Proposed uses. All uses permitted, conditional, accessory, and temporary for PD Single- Family Residential approved by Ordinances 32-05 and 33-05 are applicable to the Property. 2. Stage 1 and 2 Site Plans. The Stage 1 and Stage 2 Site Plans are amended and included herein as Exhibit A. The effect of this amendment is to adopt revised Site Plans showing the residential project and subdivision. 3. Landscape Plan. The landscape and fence plans are amended and included herein as Exhibit B. 4. Site area, proposed densities. The site area and proposed densities for the Positano area in Ordinances 32-05 and 33-05 are amended as shown below to reflect the shift of the Project site 2.8 acres from semi-public to low density residential and the 12-unit increase in residential units. PD ZONING/LAND USE SUMMARY TABLE OF CHANGES Stage 1 & 2 Planned Development Zonin for Positano area Existing Amended Land Use Designation Gross Acres units Gross Acres units Low-Densit Residential 240.2 1,043 243.0 1,055 Rural Residential/A riculture 123.5 0 123.5 0 Elements School 11.1 0 11.1 0 Communit Park 0 0 0 0 Nei hborhood Park 6.3 0 6.3 0 Nei hborhood S uare 5.3 0 5.3 0 O en S ace Corridor/Multi-Use Trails 99.0 0 99.0 0 Semi-Public 2.8 0 0 0 Total 488.2 1,043 488.2 1,055 5. Phasing Plan. Capistrello Court will be developed as one phase. 6. General Plan, Specific Plan Consistency. Companion General Plan and Eastern Dublin Specific Plan amendments for the Capistrello Court project and Property were approved by the City Council on , 2012 through Resolution 7. Development Regulations. Development of the Capistrello Court property shall be subject to the Residential Site Development Standards in Ordinance 33-05. SECTION 4. EFFECTIVE DATE AND POSTING OF ORDINANCE This Ordinance shall take effect and be enforced thirty (30) days following its adoption. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED BY the City Council of the City of Dublin, on this day of , 2012, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor 4 ATTEST: City Clerk G:IPA#12007107-005 PositanolPC Mtg 1.24.12 Capistrello Court GPA.SPA.Stage 1,2.SDR.VTMICC Ord-rezone Capistrello.doc ^ i ~ q ~,: rs •t L ~~ i ~' ~~, ~O n ~ I 1 1 W ~° r I 1 ~~~ wz n ~ nor---------------- ~~, I 1 ~ I ~r I 1 ~ i ~ I i ~ ~ ~ I I ~ ~ I ~ ~ I ~ ~ ~ ~ L--- -- ---------------~ ~- w °a ,~ ~o a ~ ~, ~4 ~• ~I 4~~ i= ~~ ~; ~ f, 8 ~~e • W ~i~ r in ~D IJ o d ~ w ~~' p, P~ a~ 0 ~r ~ a' ~ ~~ ~ ~ ~°d ~ ~b W 0 ., ~• ~ ~~ z ~ ~. ~ o' ~~ ~ ~ ~~~ o ~ ~ a f~D y ~3. p ~ o VJ ~p~. ~ coo C7' ~ ,~ ~~ ~~ °~ ~' ~ y ~e ~ o Cy ~ ~a <' fD 0 M ~ a N s~z ~. ° ~' y ~~ y "'~'l ~" a~ ~~ a~ emu. a p o ., ~' 0 ~" 0 b b 0 ti a zz~~~ ~. ~~~ ~ ~ ~ ~boo~~~ ~ co 0 0 ~ a ~ b c a a ~ ~. a~ ~ ~ 0 .~ 00 00 N J ~I 0 w o~ n ~z ~ ~; z~ ~: ~ ~ ~ ~ . ~o ~ o~ ~ a d ~ ~. a~ ; ~ . ~ ~ v~ -d G ~~ w• y a ~. ~+ N O t~ O~ ~-. 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