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HomeMy WebLinkAboutReso 055-96 CalifCreekPDRez RESOLUTION NO. 55-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AND ESTABLISHING FINDINGS AND GENERAL PROVISIONS FOR A PLANNED DEVELOPMENT (PD) REZONING CONCERNING PA 95-048, CALIFORNIA CREEKSIDE WHEREAS, Kaufman & Broad of Northern California have requested approval of a Planned Development Rezoning to establish General Provisions and Development Regulations for a residential development consisting of 154 single family dwellings and 123 townhouses on approximately 35.4 gross acres (APN 946-15-1-10 (por)) in the Eastern Dublin Specific Plan area; and WHEREAS, a complete application for a Planned Development Rezoning is available and on file in the Planning Department; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) the City has found, pursuant to CEQA Guidelines Section 15182, that the proposed residential project is within the scope of the Final Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan which was c~rtified by the City Council by Resolution No. 51-93, and the Addenda dated May 4, 1993, and August 22, 1994 (the "EIR"), and has further found that the proposed project is consistent with the adopted Eastern Dublin Specific Plan; and WHEREAS, the Planning Commission did hold a public hearing on said application on April 16, 1996 and did adopt Resolution 96-10 recommending that the City Council approve and establish findings, general provisions, and development standards for a Planned Development Rezoning, and recommending that the City Council adopt a Development Agreement for PA 95-048 California Creekside; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Staff Report was submitted recommending that the City Council approve the Planned Development Rezone subject to conditions prepared by Staff; and WHEREAS, the City Council 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 Dublin City Council does hereby make the following findings,,and determinations regarding said proposed Planned Development Rezone: 1. The Planned Development Rezone, as conditioned, is consistent with the general provisions, intent, and purpose of the PD District Overlay Zone of the Zoning Ordinance, the General Plan and the Eastern Dublin Specific Plan. The Planned Development Rezone will be appropriate for the subject property in terms of providing General Provisions ~i, hich set forth the purpose, applicable provisions of the Dublin Zoning Ordinance, range of permitted and conditionally permitted uses, and Development Standards; which will be compatible with existing vacant and proposed commercial, office and residential uses in the immediate vicinity, and which enhance development of the Specific Plan area; and 2. The Planned Development Rezoning will not have a substantial adverse affect on health or safety or be substantially detrimental to the public welfare or be injurious to property or public improvement as all applicable regulations will be met; and 3. The Planned Development Rezoning will not overburden public services as the Dublin San Ramon Services District has stated that public services are available; and EXHIBIT E 4. The Planned Development Rezoning will be consistent with the policies of the Dublin General Plan and the Eastern Dublin Specific Plan designation of Single Family Residential, Low Density Residential, Medium Density Residential and Medium-High Density Residential; and 5. The Planned Development Rezoning will provide efficient use of the land pursuant to the Eastern Dublin Specific Plan that includes preservation of significant open areas and natural and topographic landscape features along Tassajara Creek with minimum alteration of natural land forms; and 6. The Planned Development Rezoning will provide an environment that will encourage the use of common open areas for neighborhood or community activities and other amenities through Conditions of Approval; and 7. The Planned Development Rezoning will create an attractive, efficient and safe environment through Conditions of Approval; and 8. The Planned Development Rezoning will benefit the public necessity, convenience and general welfare and is in conformance with Sections 8-31.0 to 8-31.19 of the Dublin Zoning Ordinance; and 9. The Planned Development Rezoning will be compatible with and enhance the general development of the area because it will be developed pursuant to Conditions of Approval and site development review; and 10. The Planned Development Rezoning will create attractive, efficient and safe development because it will be developed pursuant to Conditions of Approval and site development review. NOW THEREFORE BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby approve a Planned Development Rezoning including the following General Provisions and Development Standards for PA 95-048, California Creekside, which constitute regulations for the use, improvemen~ and maintenance of the 35.44- acre parcel 946-15-1-10 (por) subject to the following Conditions of Approval: GENERAL PROVISIONS AND DEVELOPMENT STANDARDS GENERAL PROVISIONS A. Purpose This approval is for a Planned Development (PD) District Rezoning for PA 95-048, California Creekside. This PD District Rezone includes a Land Use and Development Plan which is represented by the Tentative Map dated received April 10, 1996, Site Plan 'iind Preliminary Landscape Plan dated received April 2, 1996 (Both Labeled Exhibit A), and the written statements provided by the Applicant dated received April 1, 1996 and on file. 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 are met: The approval of this Planned Development Rezone shall be pursuant to the term set forth in the Development Agreement approved by the City of Dublin on May 28, 1996, and recorded on ,1996. In the event of conflict between the terms of the Development Agreement and the following conditions, the terms of the Development Agreement shall prevail. [PW, PL]. 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 community. 3. Create an attractive, efficient and safe environment. , Develop an environment that encourages social interaction and the use of common open areas for neighborhood or community activities and other amenities. 5. 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 and procedures of the Dublin Zoning Ordinance R-1 District shall be applied to the PD Single Family Residential designated lands, and of the R-3 District shall be applied to the PD Medium- High Density Residential designated lands in this PD District. C. General Provisions and Development Standards Intent: This Planned Development District is to be established to provide for and regulate the development of the California Creekside Subdivision. Development shall be generally consistent with the Land Use Development Plan. This approval rezones 35.4 gross acres currently zoned Business Park Industrial to 26.8 gross acres zoned PD Single Family Residential District (154 dwelling units at 5.75 dwelling units per acre) and 8.6 gross acres zoned PD Medium-High Density Residential District (123 dwelling units at 14.3 dwelling units per acre), for a total maximum of 277 dwelling units. 2. PD Single Family Residential Permitted Uses: The following principal uses are permitted in the PD Single Family Residential district: A. Residential development limited to: 1. Single Family Detached houses Prohibited Uses: The following uses are prohibited in the PD Single Family Residential district: 2. 3. 4. 5. Field Crops Orchards Plant Nurseries Greenhouses used only for cultivation of plant materials for sale Hospital Conditional Uses: All conditional uses in the R-1 District are conditional uses in the PD Single Family Residential district with the exception of prohibited uses listed above. Development Standards: Development standards within the PD Single Family district are as follows. SETBACKS AND YARDS A. Minimum Single Family Setbacks: The minimum setbacks for single family detached houses and accessory structures shall be as follows: Front Setbacks: Eighteen (18) foot minimum from ~he property line to the garage face Fifteen (15) foot minimum from the property line to the habitable portion of the house Sideyard Setbacks: Five (5) foot minimum from the property line Street Sideyard Setbacks: Ten (10) foot minimum from the property line. Rear Yard Setbacks: Twelve (12) foot minimum from the property line Accessory Structures: Five (5) foot minimum from the property line B. Exceptions to the Setback requirements are as follows: Architectural projections (such as eves, columns, balconies, awnings, steps, and fireplaces) may encroach up to a maximum of two (2) feet into a required front, rear, or side yard setback and decks may encroach a maximum of five (5) feet into a required rear yard setback. C. Building Height Restrictions: Buildings are to be limited to a maximum of two (2) stories and a height of thirty (30) feet measured at the topmost point of the structure. This height limitation shall not apply to chimneys. Accessory structures are limited to a maximum height of fifteen (15) feet. D. Parking: The number of parking spaces required for each single family detached house shall be two (2) garage spaces and two (2) spaces in the driveway apron. PD Multi-Family Residential Permitted Uses: The following principal uses are permitted in the PD Multi-Family Residential district: A. Residential development limited to: 1. Multifamily Townhouse units 2. Multifamily Condominium units Prohibited Structures: Accessory Structures are not permitted except for common area facilities such as pool equipment, restroom buildings, trash enclosures, and similar structures. ,,% Prohibited Uses: The following uses are prohibited in the PD Multi-Family Residential district: 2. 3. 4. 5. Field Crops Orchards Plant Nurseries Greenhouses used only for cultivation of plant materials for sale Hospital Conditional Uses: All conditional uses in the R-3 District are conditional uses in the PD Multi-Family Residential district with the exception of prohibited uses listed above. Development Standards: Development standards within the PD Multi-Family district are as follows. SETBACKS AND YARDS A. Minimum Multi-Family Setbacks: The minimum setbacks for multi-family attached houses and accessory structures shall be as follows: Front Setbacks: Ten (10) foot minimum from the public street right- of way to the garage face Ten (10) foot minimum from the public street right- of way to the habitable portion of the house Four (4) foot minimum from the public street right-of way to the porch face Zero (0) foot minimum from common area parcel lines Fifteen (15) foot minimum from adjacent buildings Sideyard Setbacks: Five (5) foot minimum from the public street right-of way Zero (0) foot minimum from common area parcel lines Fifteen (15) foot minimum from adjacent buildings Rear Yard Setbacks: Twelve (12) foot minimum from the public street right-of way Zero (0) foot minimum from common area parcel lines Thirt~ (30) foot minimum from garage face to garage face Accessory Structures: Five (5) foot minimum from the public street right-of way when permitted 5 Exceptions to the Setback requirements are as follows: Architectural projections (such as eves, columns, balconies, awnings, steps, and fa'eplaces) may encroach up to a maximum of two (2) feet into a required front, rear, or side yard setback and decks may encroach a maximum of five (5) feet into a required rear yard setback. C. Building Height Restrictions: Buildings are to be limited to a maximum of two (2) habitable stories and underground garage, and a height of thirty_five (35) feet measured at the topmost point of the structure. This height limitation shall not apply to chimneys. D. Parking: The number of parking spaces required for each multi-family detached house shall be two (2) garage spaces. Fifty-one (51) guest parking spaces shall be provided as shown in Exhibit A. PLANNED DEVELOPMENT REZONE CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to final occupancy of any building, and shall be subject to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the Conditions of Approval. [PL] Planning. [B] Building. [PO] Police, [PW] Public Works, [ADM] Administration/City Attorney: [FIN] Finance, [F] Dougherty Regional Fire Authority, [DSR] Dublin San Ramon Services District. [CO] Alameda County Flood Control & Water Conservation District (Zone 7). The Land Use and Development Plan is 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 Sp.ecific Plan. 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] 2. Additions to residences in this project are prohibited. [PL] The applicant shall comply with all applicable grading guidelines as indicated on page 103 of the Eastern Dublin Specific Plan. [PW, PL] All project construction shall conform to all building codes and ordinances in effect at the time of building permit. [B] The applicant shall comply with all Eastern Dublin Specific Plan EIR mitigation measures for mitigating potentially significant plant and animal species impacts (e.g. Applicantshall 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 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 submittal shall be submitted with the Tentative Map application. (222, 230) [PL] 6 , 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. 77)[F] (74, , The location and siting of project specific wastewater, storm drain, recycled water, and potable water system infrastmctttre shall be consistent with the resource management policies of the Eastem Dublin Specific Plan. (39, 40)[PL, PW] Any proposed modifications or alterations to Tassajara Creek shall be approved by the City of Dublin and any required permitting agencies and shall be consistent with the policies of Eastern Dublin Specific Plan and FEIR the Eastem Dublin Comprehensive Stream Restoration Program and the Master Drainage Plan. (41)[PW, PL] The garbage service provider shall be consulted to ensure that adequate space is provided to accommodate collection and sorting ofpetmcible solid waste as well as source-separated recyclable materials generated by the residents within this project. (279)[PL] 10. The applicant shall comply with the City's solid waste management and recycling requirements. [ADM] 11. The use of rodenticides and herbicides within the project area will be restricted to the satisfaction of the Community Development Director to reduce potential impacts to wildlife. A written statement from the developer shall be submitted to the Community Development Director to that effect prior to issuance of the Grading Permit. (22 1 )[PL] 12. The applicant shall comply with the City's solid waste management and recycling requirements. (103,279)[ADM] 13. 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] PASSED, APPROVED AND ADOPTED this 281h day of May, 1996, by the following vote: AYES: Councilmembers Barnes, Burton, Howard, Moffatt and Mayor Houston NOES: None ABSENT: None ABSTAIN: None ATTEST: Deputy City Clerk Mayor G:XPA95-048\cepdres