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HomeMy WebLinkAboutReso 068-96 PD Rez/TrumarkRESOLUTION NO. 68 - 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 96-014, TRUMARK HOMES WHEREAS, Trumark Homes has requested approval of a Planned Development Rezoning to establish General Provisions and Development Regulations for a residential development consisting of 92 single family homes on approximately 8.9 acres (APN 941-0205-006-010); and WHEREAS, 'a complete application for a Planned Development Rezoning is available and on file in the Planning Department; and WHEREAS, on May 14, 1996, the City Council of the City of Dublin approved a Mitigated Negative Declaration and Mitigation Monitoring Program for this project; and WHEREAS, the Planning Commission did hold a public hearing on said application on June 4, 1996, and did adopt a Resolution recommending that the City Council approve and establish findings, general provisions, and development standards for a Planned Development Rezoning for PA 96-014, Trumark Homes; 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 Ove~ay Zone of the Zoning Ordinance and the General Plan as amended by action of the City Council on May 14, 1996, effective June 14, 1996. The Planned Development Rezone will be appropriate for the subject property in terms of providing General Provisions which set forth the purpose, applicable provisions of the Dublin Zoning Ordinance, range of permitted and conditionally permitted uses, and Development Standards; which wilt be compatible with existing commercial, industrial and residential uses in the immediate vicinity, and will enhance development of this 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 all agencies have commented that public services are available; and ' 4. The Planned Development Rezoning will be consistent with the policies of the Dublin General Plan designation of Medium Density Residential because the project would create development within the densities allowed by this designation; and 5. The Planned Development Rezoning will create an attractive, efficient and safe environment through Conditions of Approval; and 6. The Planned Development Rezoning will benefit the public necessit3~ convenience and general welfare and is in conformance with Sections 8-31.0 to 8-31.19 of the Dublin Zoning Ordinance; and 7. 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 8. The Planned Development Rezoning will provide an environment that will encourage the efficient use of common areas to create an innovative type of neighborhood. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby approve a Planned Development Rezoning including the following General Provisions and Development Standards for PA 96-014, Trumark Homes~ Which constitute regulations for the use and improvements of the 8.9~ acre parcel 941-205-006-010. GENERAL PROVISIONS AND DEVELOPMENT STANDARDS GENERAL PROVISIONS A. Purpose This approval is for a Planned Development (PD) District Rezoning for PA 96-014, Trumark Homes. This PD District Rezone includes a Land Use and Development Plan, which is represented by materials labeled Exhibit A, stamped approved and on file with the Dublin Planning Department, which include a Vesting Tentative Subdivision Map prepared by Ruggefi-Jensen & Associates dated Received May 7, 1996; Preliminary Landscape Plan prepared by Site Concepts California, dated ReceiVed April 30, ~ 1996; and Elevations and Site Plan prepared by KTGY Group, Inc., dated Received May 15, 1996, and Color and Material Board (5 Schemes) prepared by KTGY Group, Inc., dated Received May 15, 1996. 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 are met. 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 in this PD District. 2 General Provisions and Development Standards Intent: This Planned Development District is to be established to provide for and regulate the development of the Trumark Homes Subdivision. Development shall be generally consistent with the Land Use Development Plan. This approval rezones 8.9 acres currently zoned Light Industrial (M-l) to 8.9 acres zoned PD Single Family Residential District (92 dwelling units at 11 dwelling units per acre). 2. PD Single Family Residential Permitted Uses: The following principal uses are permitted in the P~ 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: 1. Field Crops 2. Orchards 3. Plant Nurseries 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. 3. Setbacks and Yards Development Standards: Development standards within the PD Single Family district are as follows. A. Minimum Single Family Setbacks: The minimum setbacks for single family detached houses shall be as follows: 'l'YIHi (.')I.' S'I' A.N I ) .\ I.~ l ) Building Site Yards/Setbacks A. Front Yard 'iRt '\'I..\RK H ) S'l'..\\l).\R[) Per Land Use and Development Plan Plan 10 and Plan 11 (lots 39 & 43) - 3 feet to back of sidewalk or back of curb if no sidewalk exists; Plans 1 l&12 (except lots 39 & 43) ~ 5 feet to back of sidewalk or back of curb if no sidewalk exists. R-I/ONIN(.i !)IS'I'RICT S'[..\NI)..XR.I) ................... ici ian L& i iii' of ?eel iihii"i' ' ; .... not less than 5,000 sq.ft. Corner lot not less than 6,000 sq.fi. 20 feet 'l'Yl~l'i 01"' ST,\Xi).,\!~!) B. Rear Yard C. Side Yard (interior) D. Side Yard (corner) TRUM.,\RK PD R-I ZONING I)IS'I'I~I.('7'I' S'I',\N'I')..\I~I) ' S'I'.'\Ni).,\I~.I) 10 feet (except lots 2,3,6,74 20 feet & 75, average 7.5 feet) 4 feet (1 foot projection of fireplace/media niche into setback) 5 feet from back of sidewalk or back of curb if no sidewalk exists unless adjacent parking bay, then 3 feet from back of sidewalk or back of curb if no sidewalk exists. 5 feet (plus 1 foot for each additional 10 feet that the median lot width exceeds 50 feet up to a maximum Of 10 feet. 10 feet. 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 Vesting Tentative Subdivision Map and Site Development Review are in substantial conformance with this PD Rezone. 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] o The developer shall pay a Public Facilities Fee in the amounts and at the times set forth in the City of Dublin Resolution No. 32-96, adopted by the City Council on March 26, 1996, (plus any annual increase) or in the amounts and at the times set forth in any resolution revising the amount of the Public Facilities Fee. The Community Parks portion of the fee is not anticipated to exceed $3,332.00 per unit. The Neighborhood Parks portion of the fee shall be computed in accordance with Section 9.28 of the City Municipal Code. [PW] 4 PASSED, APPROVED AND ADOPTED this 251h day of'June, 1996, by the following vote: AYES: Councilmembers Barnes, Burton, Howard, Moff att and Mayor Houston NOES: None -~ ABSENT: None ABSTAIN: None ATTEST~Ce~(t_~ CL G: XPA 96-O14Xccres K2 /6- 2 5-96/resotrue. doc Mayor 5