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HomeMy WebLinkAboutOrd 05-12 Brannigan St PD Rezone ORDINANCE NO 5 - 12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ************* ADOPTING A PLANNED DEVELOPMENT REZONE WITH RELATED STAGE 1 DEVELOPMENT PLAN AMENDMENT AND A NEW STAGE 2 DEVELOPMENT PLAN FOR A 3-ACRE SITE ON BRANNIGAN STREET NORTH OF GLEASON DRIVE (APN 985-0052-021) PLPA-2011-00039 The City Council of the City of Dublin does ordain as follows: SECTION 1 : RECITALS A. On March 21,2000, the City Council adopted Ordinance 06-00 for Dublin Ranch Areas F, G and H, which Ordinance approved a Planned Development rezoning and related Stage 1 Development Plan for the three areas. The current Brannigan Street Project site is within Area F and is part of a larger 50-acre site that was previously designated for a future high school. Other parts of Area F were designated in the General Plan, Eastern Dublin Specific Plan and Ordinance 06-00 for Medium Density Residential development. The Ordinance 06-00 Stage 1 Development Plan adopted detailed development standards for such development. B. On April 6, 2004, the City Council adopted Ordinance 12-04 for the Dublin Ranch Area F North project, approving a PO-Planned Development rezoning with related Stage 1 Development Plan for reconfiguration of Dublin Ranch Areas F, Band E. The current Brannigan Street Project site remained in Area F and was redesignated for future Public/Semi-Public uses. C. The current Brannigan Street project includes General Plan and Eastern Dublin Specific Plan amendments to change the land use designations from Public/Semi-Public to Medium Density Residential, a Planned Development rezoning and related Stage 1 Development Plan Amendment and new Stage 2 Development Plan for a 19-1ot residential development, and related Site Development Review, Vesting Tentative Tract Map and Development Agreement. D. The current Brannigan Street project amends the Stage 1 Development Plan in Ordinance 06-00 to designate the Project site for Medium Density Residential development. The current project also adopts a new Stage 2 Development Plan. SECTION 2: FINDINGS A. Pursuant to Section 8.120.050 of the Dublin Municipal Code, the City Council finds as follows. 1. The proposed Stage 1 Development Plan Amendments and new Stage 2 Development Plan for a 3-acre site along the west side of Brannigan Street north of Gleason Drive (the "Property') will be harmonious and compatible with existing and potential development in surrounding areas because: the proposed zoning amendment for the property from Public/Semi-Public to Medium Density Residential uses would allow development of the Property similar to Medium Density Residential developments on properties to the east and west. 2. The Property is physically suitable for the type and intensity of the Planned Development Zoning District proposed because: 1) it is. located adjacent to Medium Density Residential development and areas zoned for that use; 2) The Project will be developed under standards consistent with the standards adopted for the adjacent neighborhoods; 3) the Stage 1 arid Stage 2 Development Plans will allow the construction of 19 units which will remain within the permitted General Plan density range of 6.0 to 14.0 units per acre; and 4} the Project will implement all applicable mitigation measures from prior CEQA reviews and all applicable City grading, construction and development ordinances. 3. The proposed Stage 1 Development Plan amendments and new Stage 2 Development Plan for the Property 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 because: 1) development resulting from the proposed zoning amendments to the Property would be subject to development standards previously approved for Medium Density Residential development adopted with Ordinance 06-00 and 12-04, (PA 01-037); 2) development resulting from the proposed zoning amendments to the Property would be subject to Ordinance requirements and Conditions of Approval designed to preserve public health, safety, and welfare; and 3) adequate hillside slope preservation and bio-retention measures will be incorporated to prevent run-off onto adjacent and surrounding developments. 4. The proposed Stage 1 Development Plan amendments and new Stage 2 Development Plan for the Property are consistent with the Dublin General Plan and the Eastern Dublin Specific Plan because: 1) The Property has been designated for Medium Density Residential development under the companion General Plan and Eastern Dublin Specific Plan amendments approved by Resolution 12-10 on March 27, 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 Development Plan amendments and neW Stage 2 Development Plan for the Property meet 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 designations for Medium Density Residential development approved by Resolution 55-12 on April 17, 2012; and 2} the proposed project complies with purposes stated in Section 8.32.010 of the Dublin Zoning Ordinance by coordinating future development of the Project site with similar existing residential development in neighboring areas. Page 2 of 6 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 proposeq zoning amendments to the Property from Public/Semi-Public to Medium Density Residential would allow development of the Property similar to existing Medium Density Residential development to the east and west of the site; and 2) adequate hillside slope preservation and bio- retention measures will be incorporated to prevent run-off onto adjacent and surrounding developments. C. The City Council approved a CEQA Addendum for the Project, including the proposed PD rezoning, by Resolution 54-12 on April 17,2012, which resolution is incorporated herein by reference. SECTION 3. 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 Brannigan Street property, as described and shown below, to the PD-Planned Development zoning district The 3-acre Property generally located along the west side of Brannigan Street north of Gleason Drive (APN 985-0052-021). A map of the rezoning area is shown below: GEORGffmWN CIRCLE I I I I I I I I , , I I I I I I L CIRCLE '''' --- ." ,_., " - f' -r--- - --''"-, '-',.t" .'" \, I ,~).:ii I 'M\ \ 17 16 i J 5 I 14 I I ~-'--~r~'-- 'it ~; I ~t I ~1 ........"..........mJm...__'_:~- ../ ~! tA:.~::'1L MAl' f;45' :+-x BRANNlOAN STREET . . '. r ~~/~1 SECTION 4. APPROVAL OF STAGE 1 DEVELOPMENT PLAN AMENDMENT AND OF NEW STAGE 2 DEVELOPMENT PLAN. The regulations for the use, development, improvement, and maintenance of the Property are set forth in the following Stage 1 Development Plan Amendment and new Stage 2 Development Plan for the project area, which are hereby approved. Any 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 "Brannigan" (hereafter, "Application booklet") submitted as part of the Project applications and dated March 13, 2012, is incorporated herein by reference and on file in the Dublin Community Development Department. Sta~e 1 Development Plan Amendment 1. Ordinance 06-00. The Stage 1 Development Plan in Ordinance 06-00 is hereby amended to designate the Project site as Medium Density Residential. Other provisions of the Stage 1 Development Plan are amended in accordance with the following. a. Statement of proposed uses. All uses permitted, conditional, accessory, and temporary for PD Medium Density Residential approved by Ordinance 06-00 are applicable to this property. b. Stage 1 site plan. As shown in Application booklet (Sheet AP8). c. Site area, proposed densities. Site area as shown in Application booklet (AP8). Maximum 19 residential units/lots permitted. d. Phasing plan. The project shall be developed in a single phase. e. Master Neighborhood Landscaping Plan. As shown in Application booklet (Sheet L-1 ). f. General plan and specific plan consistency. The PD zoning is consistent with the General Plan and Eastern Dublin Specific Plan, as amended by Resolution 12-10 adopted, 2012. g. Inclusionary zoning regulations. The Project at 19 units is not subject to the Inclusionary Zoning Regulations. h. Aerial photo. As shown in Application booklet (Sheet AP3). Sta~e 2 Development Plan 1. Statement of compatibility with Stage 1 Development Plan: The Stage 2 Development Plan is compatible with the Stage 1 Development Plan Amendment, and all applicable provisions for development of a Medium Density Residential subdivision of 19 lots. Page 4 of 6 2. Permitted Uses: All uses permitted, conditional, accessory, and temporary for PD Medium Density Residential approved by Ordinance 06-00 are applicable to this property. 3. Stage 2 Site Plan: As shown in Application booklet (Sheet AP9). 4. Site area, proposed densities: Site area as shown in Application booklet. Maximum 19 residential units/lots permitted (AP7). 5. Development Standards: As shown below. Medium Density Standards Single Family Detached (Area F1) Lot Size: Minimum 3,150 sf Lot Size 3,150 sf Minimum Street Frontage 35 feet Maximum Lot Coverage 50% Maximum Building Height 38 feet Maximum Stories 3 Minimum Front Yard Setbacks to living area 12 feet to porch 10 feet front of garage 18 feet Minimum Side Yard Setback 2 story to 2 story 4 feet minimum corner lot (setback from side street) 9 feet Minimum Rear Yard Setback Living Space 12 feet average, 5 feet minimum Usable Rear Yards 300 sf contiguous flat area minimum 5 feet minimum dimension " Parking Spaces Required 2 covered, 1 guest 6. Architectural standards: As shown in Application booklet (Sheets A 1 through A25). 7. Preliminary Landscaping Plan: Refer to Stage 2 Conceptual Landscaping Plan in Application booklet (Sheet L-1). 8. Inclusionary Zoning Ordinance: Development of the Project Site is not subject to the City's Inclusionary Housing requirements as it is less than 20 units. SECTION 5. Other Zonina Reaulations. Pursuant to the Dublin Zoning Ordinance, section 8.32.060.C, the use, development, improvement, and maintenance of the Project area shall be governed by the provisions of the closest comparable zoning district as determined by the Community Development Director and of the Dublin Zoning Ordinance except as provided in the Stage 1 Amended/Stage 2 Development Plans. Except as specifically modified by the PD District Rezone, all applicable and general requirements of the Dublin Zoning Ordinance shall be applied to this PO District. Page 5 of 6 SECTION 6. EFFECTIVE DATE AND POSTING OF ORDINANCE This Ordinance shall take effect and be enforced thirty (30) days following its adoption~ continqent on approval of the companion General Plan and Eastern Dublin Specific Plan amendments. 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 this 1st day of May, 2012, by the following vote: AYES: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None ~ &A- i~ Mayor ATTEST: ~ L< f?(f[ City Clerk Ord. No. 5-12, Adopted 5-1-12, Item 4.5 Page 6 of 6