HomeMy WebLinkAboutReso 078-96 PD Prezon-Schaefer
RESOLUTION NO. 78 - 96
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A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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FINDING P A 94-028 SCHAEFER RANCH PROJECT PLANNED DEVELOPMENT
(PD) PREZONING WITHIN SCOPE OF FINAL EIR,
AND APPROVING PD PREZONING GENERAL PROVISIONS
AND LAND USE AND DEVELOPMENT PLAN
WHEREAS, Schaefer Heights, Inc. (the applicants) have submitted a request for a Planned
Development (PD) Prezoning to establish land uses, general provisions and development regulations for
a development c9Ilsisting of up to 474 single family homes, and commercial/office, semi-public, and
open space land uses on approximately 500 acres, generally located on the north side of the 1-580 .
freeway, at Schaefer Ranch Road, in Alameda County, adjacent to Dublin's Western City limits;
WHEREAS, a complete application for the Planned Dev~lopment Prezoning is available and on
file in the Planning Department; and
WHEREAS, in response to the proposal for development of the property, the City of Dublin
undertook the Schaefer Ranch General Plan Amendment Study, including preparation of an
Environmental Impact Report (EIR) to evaluate the proposed development of the Schaefer Ranch project
/- site within Dublin's Western Extended Planning area, and
WHEREAS, a Draft EIR was prepared in compliance with the California Environmental Quality
Act (CEQA) for which public comments were sought and received, and on May 23, 1996, the Final EIR,
containing responses to the comments received on the Draft EIR, was distributed to or otherwise made
available to the Planning Commission, City Council, Responsible Agencies commenting on the Draft
EIR, and other interested parties, and
WHEREAS, A joint study session of the City Council and Planning Commission was held on
April 8, 1996, which addressed major issues affecting the physical development of the site, including:
provision of public services, such as fire service and schools; access to other Western Dublin
properties from the Schaefer Ranch project; and park land requirements, and ownership and
maintenance of open space lands, and
WHEREAS, with the consensus direction by the decision makers to proceed with the processing
of the Schaefer Ranch project, the City completed preparation of a Draft General Plan Amendment for
approximately 500 acres, and
WHEREAS, the Planning Commission held a duly noticed public hearing on the Schaefer
Ranch project Final EIR and Draft General Plan Amendment on June 4, 1996, and, following the public
hearing, the Planning Commission recommended to the City Council that it certify the Final
.r~ Environmental Impact Report for the Schaefer Ranch Project/General Plan Amendment, as complete,
adequate, and in compliance with CEQA and the City of Dublin's Environmental Guidelines, and
recommended City Council adoption of the Schaefer Ranch Project General Plan Amendment, and
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WHEREAS, Schaefer Heights, Inc. submitted a revised Planned Development (PD) Prezoning
request for the Schaefer Ranch project site, for approximately 500-acres (including Gibbs property); and
WHEREAS, a Staff Report was submitted recommending that the Planning Commission ...."
approve the Schaefer Ranch Project PD Prezoning, subject to the conditions prepared by Staff; and
WHEREAS, the Planning Commission held a duly noticed public hearing to consider the
Planned Development (PD) Prezoning request on June 18, 1996; and
WHEREAS, following a public hearing, the Planning Commission recoffi!llended to the City
Council adoption of the Schaefer Ranch Project Planned Development (PD) Prezoning subject to
conditions prepared by Staff; and
WHEREAS, the Staff Report was submitted recommending that the City Council approve the
Schaefer Ranch Project/General Plan Amendment and PD Prezoning, subject to the conditions prepared
by Staff; and
WHEREAS, the City Council held a duly noticed public hearing on July 9, 1996 to consider the
Schaefer Ranch Project EIR, General Plan Amendment and PD Prezoning request; and
WHEREAS, following a public hearing the City Council certified the Final Environmental
Impact Report for the Schaefer Ranch Project as complete, adequate, and in compliance with CEQA and
the City of Dublin's Environmental Guidelines, and adopted the Schaefer Ranch Project General Plan
Amendment, and adopted Findings and Statement of Overriding Considerations and a Mitigation
Monitoring Program for the Schaefer Ranch Project; and ""'"
WHEREAS, no new effects could occur and no new mitigation measures would be required for
the PD Prezoning that were not addressed in the Final Environmental Impact Report for the Schaefer
Ranch project, and the General Plan Amendment and PD Prezoning are within the scope ofthe Pinal
Environmental Impact Report; and
WHEREAS, the City Council used their independent judgment, heard 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 Prezone:
1. The Planned Development Prezone, as conditioned, is consistent with tl}egeneral
provisions, intent, and purpose of the PD District Overlay Zone of the Zoning Ordinance
and the General Plan as amended by action of the City Council on July 9, 1996. The
Planned Development Prezone 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 will be compatible with existing land uses in the
immediate vicinity, and will enhance development of this area; and
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2.
The Planned Development Prezoning, as conditioned, is consistent with the Planned
Development provisions of the zoning ordinance and the general nature and character of
the project as approved under the General Plan because the project would create
development within the densities allowed by the land use designation proposed with the
General Plan Amendment, processed concurrently with the project; and
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3. The Prezoning, as conditioned, is appropriate for the subject property in terms of being
compatible to existing land uses in the area, and will not overburden public services; and
4. The proposed Planned Development Prezoning, as conditioned, will benefit the public
necessity, convenience and general welfare in that it conforms to the provisions of the
City's zoning ordinance.
5. The proposed Planned Development Prezoning, as conditioned, will provide efficient use
of the land and will preserve significant open areas and natural and topographic landscape
features; will provide an environment which will encourage use of open areas for
neighborhood activities; will be compatible with and enhance development of the general
area; and will create an attractive, efficient and safe environment.
6. The Prezoning will not have a substantial adverse effect on health or safety, or be
substantially detrimental to the public welfare, or be injurious to property or public
improvements, as all applicable regulations will be met.
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7.
The Planned Development Prezoning will not overburden public services as all agencies
are planning for the availability of pubic services; and
8. The Planned Development Prezoning 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 Prezoning 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 Prezoning is within the scope of the Schaefer Ranch Pinal
EIR.
BE IT FURTHER RESOLVED THAT the Dublin City Council does hereby approve P A 94-
028 Schaefer Ranch project revised Land Use and Development Plan (included as Exhibit 3-A to this
Resolution) and does hereby establish General Provisions for the PD Prezoning, in accordance with the
Planned Development (PD) District Overlay Zone (adopted by separate Ordinance) and subject to the
general provisions listed below: .
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GENERAL PROVISIONS
A. Purpose
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The PD District Overlay Zone allows the flexibility needed to encourage innovative development while
ensuring that the goals, policies and action programs of the Dublin General Plan are met. More
particularly, the PD Overlay Zone is intended to ensure the following policies:
1. Allow and encourage mixed use residential and commercial development in order to meet
specific housing and employment needs, reduce vehicular trips, and foster pedestrian
access to shopping and employment areas.
2. Concentrate development on less environmentally and visually sensitive or constrained
portions of the plan area and preserve significant open space areas and natural and
topographic landscape features with minimum alteration of land fOTIlls.
3. Encourage innovative approaches to site planning, building design and construction to
create housing products for all segments of the community, including commercial and
office structures.
4. Encourage higher intensity development near transit corridors.
5. Create an attractive, efficient and safe environment.
6.
Develop an environment that encourages social interaction and the use of common open
areas for neighborhood or community activities and other amenities.
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7. Create an environment that decreases dependence on the private automobile.
The PD District Overlay Zone map (adopted by separate Ordinance) shows that a Planned Development
District Overlay Prezoning is adopted for this site. Regulations and standards governing the PD District
Overlay Zone, in addition to land uses and intensity of use, are established in conjunction with this PD
Prezone, as well as the Land Use and Development Plan approved with this PD Prezone. No
development shall occur for any property within the prezoned project area unless it is consistent with the
regulations and standards, land use designations, provisions and conditions of this approval and the
Land Use and Development Plan.
B. Land Use and Development Plan
This approval is for a Land Use and Development Plan for PA 94-028 Schaefer Ranch Planned
Development (PD) District Overlay Prezoning. The land use designations and provisions shall be
applied to this site as defined in this approval, and as generally shown on the "Schaefer Ranch Land Use
and Development Plan", (Exhibit 3-A). Additional standards and provisions for the land uses approved
by this plan, which are typically part of a PD Prezoning and/or Land Use and Development Plan are as
stipulated below in the Provisions and Conditions of this approval, and will provide the City with a
comprehensive plan of the proposed development to insure that the intent and purposes of the Planned
Development District are met. '.....I
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C. Dublin Zoning Ordinance - Applicable Requirements
~ Except as specifically modified by the provisions of the PD District, all applicable requirements of the
. Dublin Zoning Ordinance shall be applied to this PD District.
D. PD District Overlay Zone - Land Use Designations - General Provisions
1. PD - Estate Residential
Intent: Estate Residential land use designations are established to_ accommodate low-
intensity residential activities and other open space uses, such as range and
watershed management. They are also established to provide space for and
encourage such uses in places where more intensive development is not
desirable or necessary for the general welfare.
Intensity of Use: 0.01 - 0.8 dwelling units per gross acre
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Permitted Uses:
a.
b.
c.
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d.
e.
One-family "estate" dwellings, custom homes. Not more than one dwelling unit
shall be permitted on each site;
Field crop, orchard, garden;
Home occupations conducted in accordance with the regulations prescribed in
Section 8-60.22 of the Zoning Ordinance;
Public or private riding or hiking trails;
Accessory structures and uses located on the same site with a permitted use,
including barns, stables, coops, tank houses, storage tanks, windmills, other
farm outbuildings, private garages and carports, storehouses, garden structures,
greenhouses, recreation rooms and hobby shops, and storage of petroleum
products for the use of persons residing on the site;
f. Small family day care homes.
g. Neighborhood Parks to serve the adjacent homes
Conditional Uses:
a.
b.
c.
d.
e.
f.
,--. g.
h.
Other public and semi-public racilities and land uses as described in Section 4
below;
Community facilities;
Community clubhouse;
Parking lot, only when established to fulfill the residential parking requirements
of this chapter for a use on an abutting lot or lots:
Plant nursery or greenhouse used only for the cultivation and wholesale of plant
material (wholesale only);
Medical or residential care facility (7 or more clients).
Large family day care homes;
Second Units.
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2. PD - Single Family
Intent: Single Family land use designations are established to: a) reserve appropriately
located areas for family living at reasonable population densities consistent with
sound standards of public health and safety; b) ensure adequate light, air,
privacy and open space for each dwelling; c) provide space for semi-public
facilities needed to complement urban residential areas and for institutions that
require a residential environment; and d) accommodate single family production
housing, including a wide range of units from small-lot and zero-lot line units to
large-lot custom units. .
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Intensity of Use: .9 - 6.0 dwelling units per acre
Permitted Uses:..
a. One-family dwellings;
b. Orchard or garden;
c. Accessory structures located on the same site with a permitted use, including
private garages and carports, storehouse, garden structures, greenhouses,
recreation rooms and hobby areas within an enclosed structure;
d. Home occupations conducted in accord~ce with the regulations prescribed in
Section 8-60.22 of the Zoning Ordinance;
e. Small family day care homes.
f. Neighborhood Paiks to serve the adjacent homes
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Conditional Uses:
a. Other public and semi-public facilities and land uses as described in Section 4
below;
b. Community facilities;
c. Community clubhouse;
d. Parking lot, only when established to fulfill the residential parking requirements
of this chapter for a use on an abutting lot or lots;
e. Plant nursery or greenhouse used only for the cultivation and wholesale of plant
material (wholesale only);
f. Medical or residential care facility (7 or more clients);
g. Large family day care homes;
h. Second Units.
3. PD - Commercial
Intent: Commercial land use designations are established to: a) accommodate a range of
regional-serving and community-serving retail and mixed use projects
incorporating retail, service and/or office uses with subordinate residential uses
when location and design ensure compatibility; b) provide appropriately located
areas for retail stores, offices, service establishments, amusement ...."
establishments, and wholesale businesses, offering commodities and services
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required by residents of the city and its surrounding market area; c) provide
opportunities for retail stores, offices, service establishments, amusement
establishments, and wholesale businesses to concentrate for the convenience of
the public and in mutually beneficial relationship to each other; d) provide space
for community facilities and institutions that appropriately may be located in
commercial areas; e) provide adequate space to meet the needs of modern
commercial development, including off-street parking and truck loading areas;
and t) minimize traffic congestion and to avoid overloading of utilities by
preventing the construction of buildings of excessive size in relation to the
amount of land around them.
Permitted Uses:
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a. Community-serving retail uses including, but not limited to:
1. General Merchandise Store
2. DiscountlWarehouse Retail Store
3. ClothinglFashion Store
4. Shoe Store
5. Home Furnishing Store
6. Office Supply Store
7. Home ApplianceÆlectronics Store
8. Home Improvement/Hardware Store
9. Music Store
10. Hobby/Special Interest Store
11. Gifts/Specialty Store
12. Jewelry and Cosmetic Store
13. Drug Store
14. Auto Parts Store
15. Toy Store
6. Book Store
17. Pet Supplies Store
18. Sporting Goods Store
19. GroceryIFood Store, including specialty foods
20. Express mailing and packaging delivery center
b. Regionally-oriented, high volume, retail uses including, but not limited to:
1) Discount centers;
2) Promotional centers;
3) Home improvement centers;
4) Factory stores;
5) Furniture outlets.
c. Office and service establishments including, but not limited to:
1) Bank/Savings and Loan
2) Real Estate/Title Office
3) Travel Agent
4) Legal
5) Accounting
6) Medical and Dental
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7) 01?tometrist
8) Architect"
9) Employment Agency
10) HairlBeauty Salon
11) Dry cleanerILaundromat
12) Shoe Repair
13) Key Shop
14) Tailor
15) Athletic Club
16) Formal WearlRental
17) Other Administrative and Professional Office
18) Technology Access Center
19) Te1e-Commuting Center
Hotels and Motels;
Recreational and Cultural Facilities;
Eating, Drinking and Entertainment establishments, including, but not limited
to:
1)
2)
3)
4)
5)
6)
---7)
..",.,ø
d.
e.
f.
Restaurant
Delicatessen
Specialty Food
Bakery
Ice Cream Shop
Sandwich Shop
Video Rentals
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Conditional Uses:
a. Attached and detached dwellings at appropriate densities for mixed land uses
(where it is shown to be consistent with the intent of the project as evaluated in
the Schaefer Ranch Environmental Impact Report, and with the approved
General Plan land uses and Land Use and Development Plan);
b. Auto Malls;
c. Hospital;
d. Animal Hospital, Kennel;
e. Mortuary;
f. Public and semi-public facilities;
g. Community Facility;
h. Service Station, Type A and Type B;
1. Automobile, camper, boat and trailer sales, storage o~ rental lot;
J. Plant nursery including the sale of landscaping materials, excluding wet-mix
concrete sales, providing all equipment, supplies and merchandise other than
plant materials are kept within a completely enclosed building;
k. Adult Entertainment Activity, provided however, that no Adult Entertainment
Activity shall be located closer than 1,000 feet to the boundary of any
residential zone or closer than 1,000 feet to any other Adult Entertainment
activity; ......,
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1.
~ m.
n.
o.
p.
q.
r
s.
t.
u.
v.
w.
x.
In-patient and out-patient health facilities as licensed by the State Department of
Health Services;
Wine or liquor store or bar with on-sale liquor license
Micro-brewery
Nightclub
Indoor movie theater
Video Arcade
Drive-through Facilities, including restaurants
Instruction/teaching facilities
Massage Establishment;
Recycling Centers, when operated in conjunction with a Permitted Use on the
same premIses;
F ortunetelling;
Other uses that could possibly meet the intent of the General Commercialland
use designation;
Semi-Public Land Uses as described in Section 4 below.
4.
PD - Semi-Public Land Uses
Intent: Public Land Use designations shall be established within the project area to
accommodate public uses including, but not limited to, public utilities, services,
parks, schools, and facilities necessary to serve the project. The exact location of
these land uses, as well as the regulations and standards governing the Public
Land Use zoning designations will be determined prior to Tentative Map
approval, in accordance with Sections 8-31.0 through 8-31.19 of the Zoning
Ordinance. Unless otherwise modified under this PD approval, all applicable
requirements of the Dublin Zoning Ordinance shall be applied to these land use
designations.
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Permitted Uses:
a. Semi-Public Land Uses: including sites for water tanks, water reservoirs,
detention basins, or other similar public utilities uses.
b. Park Land Uses: sites for neighborhood, community, or other public park
facilities.
c. Open Space Uses: including areas for public open space for preservation of
natural resources, public health and safety, and outdoor recreational activities.
d. Public Schools
e. Public service facilities, such as fire protection, police, or emergency service
facilities.
f. Other uses that could possibly meet the intent of the Semi Public Land Use
designation.
5. PD - Open Space
Intent: Open Space Land Use designations shall be established within the project area.
The public open space areas are intended to provide for the preservation of natural
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resources, outdoor recreational activities, and public health and safety. The
private open space areas are intended to provide for similar types of uses, in areas
which are owned and maintained by a private homeowner's association. The
exact location of these land uses, as well as the regulations and standards ~
governing the Private Land Use zoning designations will be determined prior to
Subdivision Map approval, in accordance with Sections 8-31.0 through 8-31.19 of
the Zoning Ordinance. Unless otherwise modified under this PD approval, all
applicable requirements of the Dublin Zoning Ordinance shall be applied to these
land use designations.
Permitted Uses:
a. Public and private Land Uses: including sites for private water tanks, water
reservoirs, detention basins, or other similf!I;J!µblic utilities uses.
b. Public and private Park Land Uses: includmg sites for neighborhood, community,
or other public park facilities.
c. Public and private Open Space Uses: including areas for open space for
preservation of natural resources, public health and safety, and outdoor
recreational activities.
d. Other uses that could possibly meet the intent of the Open Space Land Use
designation.
6. Interim Agriculture Designation
Intent: Interim agricultural designations shall be established for the entire project area. ."".,
This interim land use designation allows the existing residential and agricultural
uses approved under Alameda County's Zoning Ordinance to remain until such
time the landowners of these parcels apply for a Tentative Map, or other wise
develop the property according to the approved Land Use and Development Plan
in accordance with Sections 8-31.0 through 8-31.19 of the Zoning Ordinance.
Regulations and Standards Governing the Interim Agricultural Zoning
Designation:
a. As specifically provided by the Interim Agricultural Designation, all
applicable and general requirements of the Dublin Zoning Ordinance shall
be applied to this land use designation.
b. The Agricultural Districts (A Districts) provisions of the Alameda County
Zoning Ordinance shall apply to properties with the Interim Agricultural
land use designation.
c. All properties with the Interim Agriculture land use designation shall
conform to Sections 8-62.0 through 8-62.9 of the Zoning Ordinance
relating to legal non-conforming uses and buildings.
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E. PD DISTRICT OVERLA Y ZONE - OTHER LAND USE PROVISIONS & 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, [PK] Parks and Community Services Department, [F] Dougherty Regional Fire
Authority. [DSR] Dublin San Ramon Services District. [CO] Alameda County Flood Control & Water
Conservation District (Zone 7).
1. Yards, Setbacks & Development standards within the PD Residential district are as follows.
a). Minimum Single Family Setbacks: The minimum setbacks for single family detached
houses shall be as shown in the table below:
TYPE OF PD Estate Lots - I'D Singlc Family- PD Single PD Single Family
STANDARD Neighborhood A Ncighborhood B Farnily- - Ncighborhood D
Neighborhood C (Duct Lots)
Building Site Per Land Use & Per Land Use & Per Land Use & Per Land Use &
Development Development Plan Development Development Plan
Plan Plan
Minimum Lot 2.0 acres 6,000 sq.ft. 5,250 sq.ft. 4,500 sq.ft.
Size
Front Yard 25 feet 20 feet * 20 feet * 20 feet *
Setback minimum**
Rear Yard 100 feet; 15 foot 20 feet; 15 foot 15 feet; 15 foot 15 feet; 15 foot
Setback minimum clear minimum clear, minimum clear, minimum clear,
and level zone level zone * * * level zone * * * level zone * * *
Side Yard 50 feet setback 5 feet minimum 5 feet minimum 5 feet minimum;
Setback minimum; 5 on one side, 10 on one side, 10 5 foot wide clear
(interior) foot wide feet on other; 5 feet on other; 5 and level zone
minimum clear foot wide clear foot wide clear each side yard. (no
and level zone and level zone and level zone projections into
each side yard. each side yard (no each side yard. setback allowed)
(1 foot projections into (no projections
projection of setback allowed) into setback
fireplace or AIC allowed)
unit into setback
allowable)
Side Yard 50 feet from 10 feet from back 10 feet from back 10 feet from back
Setback back of sidewalk of sidewalk or of sidewalk or of sidewalk or
(corner) or back of curb back of curb back of curb back of curb
if no sidewalk
exists
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Side Yards 100 feet total 15 feet total 15 feet total 10 feet between
Aggregate aggregate side aggregate side aggregate side buildings
yard setback; yard setback; 15 yard setback; 15
100 feet feet between feet between
between buildings. buildings.
buildings. * * * *
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* Exception - Front Yards: 15 foot minimum for units with side vehicular entrance garages
** Exception - Front Yards: Custom homes may deviate from the 25 foot minimum setback
subject to approval of Site Development Review finding that topographic and/or vegetative
constraints of the site prevent the development from complying with the 25 foot setback.
*** Exceptions - Rear Yards: 1) See Section 8.26.6.1 Alternate Provision of Rear Yard
(compensating yards) of the Dublin Zoning Ordinance. 2) 10 foot minimum for shade
structures attached to the unit provided the shade structure is not enclosed (enclosed means
more than one vertical wall). 3) 10 foot minimum setback for second story decks, however
second story decks encroaching within the required Rear Yard setback on lots with their rear
property line adjacent to other residentiallots shall require Site Development Review
approval. 4) Minor deviations from the 15 foot clear and level zone for sloping lots in
Neighborhoods Band C may be approved by the Community Development Director, in
conjunction with Site Development Review approval.
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**** Exception - Side Yard Aggregate: Aggregate side yards and distances between .--.-.
buildings may be reduced to 50 feet at a minimum on certain Estate Residential lots near the .....,
southern portion of the site, with approval by the Community Development Director, in
conjunction with Site Development Review.
b). General Residential Yard Provisions:
1) Except as stated within this PD Prezoning approval, fireplaces, chimneys and air
conditioning units shall not encroach within the required clear and level zone. Other
encroachments shall be subject to Community Development Director review and approval.
2) Except as prohibited under setback requirements above, roof eaves, pop-outs, bays,
architectural projections and columns may project into required yards subject to compliance
with building code requirements.
3) On 10ts where the minimum rear yard clear and level zone can not be provided due to
topography or vegetation constraints, decks of comparable area shall be required subject to
Site Development Review approval.
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c). General Commercial District Yard Setbacks: The minimum setbacks for
retail/office/commercial buildings shall be as follows:
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TYPE OF PD - Gcneral Commercial
STANDARD
Building Site Per Land Use & Development Plan
Minimum Lot Size Per Land Use & Development Plan
Front Yard Setback 30 feet minimum
Rear Yard Setback 30 feet
Side Yard Setback 30 feet -
(interior)
Side Yard Setback 30 feet
(corner)
Side Yards Aggregate 60 foot total aggregate side yard setback
2. Building Height:
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RESIDENTIAL: 35 foot maximum or two stories at anyone point. Building height shall be
measured from the finished grade at the midpoint of the building (as shown on a facade or
cross section view running parallel to the slope) to the top ridge of the structure's roof.
However, architectural features and elements may exceed this provision by a 5 foot maximum,
and a gable element may exceed this provision by 5 foot maximum, subject to Community
Development Director approval.
COMMERCIAL: 45 foot maximum height at anyone point, and 35 feet maximum if the
building or structure is situated within fifty (50) feet of the boundary line of a residential
district. Building height shall be measured from the finished grade at the midpoint of the
building (as shown on a facade or cross section view running parallel to the slope) to the top of
the structure. Exception: Building height for architectural features and elements may exceed
this provision by an amount approved at the time of Site Development Review approval.
3. Parking for Residential districts shall include a minimum of 2 covered parking spaces per
dwelling unit. Parking for Commercial uses shall conform to the requirements of the Dublin
Zoning Ordinance.
4. Except as specifically modified by the provisions of this PD District, all applicable and general
requirements of the Dublin Zoning Ordinance shall be applied to development within this PD
District.
5. Except as may be specifically provided for within these General Provisions, development shall
comply with City of Dublin Site Development Review Standard Conditions.
6. Except as may be specifically provided for within this PD, development shall comply with City
of Dublin Police Services Standard Residential Building Security Recommendations.
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7. Appropriate vehicular access to open space shall be provided and maintained on a continuous
basis, and design of the trail head and trail system shall be subject to the review and approval
of the City of Dublin Parks and Recreation Department, Police Services, Fire Chief, Public
Works Director, Community Development Director, and East Bay Regional Parks District. .~
8. Sites for public facilities including potable and recycled water storage tanks are not
conclusively located by master planning conducted to date by the Dublin San Ramon Services
District. Public Facility sites must retain flexibility for location due to ongoing system master
planning.
9. Major modifications, or revisions to the project not found to be in substantial conformance
with this PD Prezone shall require a new PD Rezone in compliance with Section 8-31.16 of the
City of Dublin Zoning Ordinance. A subsequent PD Prezone or Rezone may address all or a
portion of the area covered by this PD Prezone. Minor deviations from the conditions
established herein may be allowed through the Conditional Use Permit and/or Site
Development Review process, as required by the Dublin Municipal Zoning Code. The
Community Development Director shall determine conformance or non-conformance and
appropriate processing procedures for modifying this PD Prezone (i.e. staff approval, Planning
Commission approval of Conditional Use Permit, or City Council approval of new PD
Rezone).
10. CC&R's shall be subject to review and approval of the Community Development Director prior
to recordation of the Final Subdivision Map.
11. Site Development Review: All structures shall be subject to the Site Development Review ...."
procedures established in the City of Dublin Zoning Ordinance unless a Site Development
Review waiver is approved by the Community Development Director and a zoning approval is
granted, constituting-a minor project, and building permit plans are in accord with the intent
and objectives of the Site Development Review procedures.
F. Public Facilities Fees Provision
To implement General Plan Implementing Policy 2.1.3 (C), the developer shall fund a study to update
the "Public Facilities Fee Justification Study" ("Study") prepared for the City by Recht Hausrath &
Associates, dated March 7, 1996, to include the project within the development projections used in the
Study, to recalculate the amount of the City's adopted Public Facilities Fee (Citywide) to include the
project and to establish a fee for Neighborhood Parks (Land and Improvements) for the Western
Extended Planning Area. The Study shall be completed prior to approval of the project's Tentative map.
The developer shall pay the Public Facilities Fee in the amounts set forth in Resolution No. 32-96 (as
such resolution may be amended) at the time the Fee is payable pursuant to the resolution.
G. Street Improvements Provision
In addition to the street improvements identified in the Environmental Impact Report, the project will be
responsible for contributing toward reimbursements to the City for the improvement of existing City
Streets identified as benefiting the project. This includes intersection improvements and widening of
Dublin Boulevard from Silvergate Drive to San Ramon Road, which are identified in the City's adopted ...",.,
Five Year Capital Improvement Program, which stipulates that development in the Western Dublin area
- 14 -
will be required to contribute to these projects. The Schaefer Ranch applicant shall pay its fair share of
these improvement projects, and the applicant's fair share of the cost of these improvements shall be
~ payable prior to issuance of the first building permit for this project.
H. Traffic Impact Fee Provision
The City of Dublin is currently studying the adoption and implementation of a regional traffic impact fee
for roadway and street improvements in the Tri-Valley area for roadway and street improvements in
Dublin. These fees will provide for Public Works projects to improve traffic circulation for
accommodating new development within the City. If a regional traffic impact fee _ordinance is approved
and enacted prior to issuance of any building permits, the Applicant shall pay its fair share of the traffic
impact fees, and the applicant's fair share of the cost of traffic impact fees shall be payable prior to
issuance of the first building permit for this project. .
I. School Facilities Impact Mitigation Provision
The Dublin General Plan addresses the City's cooperation with the Dublin Unified School District to
ensure the adequate provision of school facilities in the Extended Planning Area. The Schaefer Ranch
EIR requires the issue of attendance areas between the Castro Valley Joint Unified School District and
the Dublin Unified School District be resolved prior to occupancy of any residential units. It also
requires the project's Development Agreement to provide for the applicant's payment of fees to cover
the cost of additional students generated by the project. Because statutory fees authorized by
Government Code Sections 53080 and 65995.are inadequate to mitigate the effects of new development
.-- on the Dublin Unified School District and the Castro Valley Joint Unified School District, the City of
I Dublin intends to require that development within the Schaefer Ranch project component of the Western
Dublin Extended Planning area mitigate impacts on affected school districts required to serve student
population generated by new development.
In compliance with the above policies, prior to City Council approval of the Tentative Subdivision Map,
or the City's acceptance of Annexation of the project site to the City, whichever comes fIrst, all
developer(s) of property subject to the Prezoning shall enter into a written mitigation agreement with the
affected school district and present satisfactory evidence of such agreement to the City. The mitigation
agreement shall establish the method and manner of financing and/or constructing school facilities
necessary to serve the student population generated by the development. The mitigation agreement shall
address the level of mitigation necessary, the amount of any school impact fees, the time of payment of
any such fees and similar matters. The City may be a party to any such agreement only for the purposes
of assuring uniformity with respect to different property owners and appropriate land use planning.
J. Fiscal Impacts Provision
The Dublin General PIan requires that the approval of new residential development in the extended
planning areas will require determination that the fiscal impact of new residential development supports
itself and does not draw upon and dilute the fiscal base of the remainder of the City. Before this site is
annexed to the City of Dublin, the project proponents will be required to demonstrate that the City's
~ financing policies are met, which may require updates to existing financial studies undertaken by the
. applicant or the City. Therefore, prior to the effective date of the annexation of this project site to the
- 15 -
·
City of Dublin, the proponents of the prezoning and annexation shall enter into an agreement with the
City that will guarantee that the financing goals and policies of the Dublin General PIan are met.
K.
DedicationIDonation of Open Space Provision
~
The proposed project indicates offering land to the East Bay Regional Parks District (EBRPD) for
ownership and maintenance of the public open space. With the approval of the preioning plan, the City
intends to ensure that the operation and maintenance of this open space land will be handled by the
EBRPD. Therefore, prior to the City's approval of a Tentative Subdivision Map for this project, the
Applicants shall present to the City evidence of the East Bay Regional Parks District's agreement to
accept ownership and operational and maintenance responsibility for the proposed Open Space, in a
form acceptable to the City of Dublin. This evidence could be in the form of a letter from the EBRPD
expressing their interest and willingness to accept the responsibility for maintaining the open space land.
The City shall be involved in any discussions regarding the potential formation gf any assessment
districts to fund the operation and maintenance of the open space.
L. Public Services Provision
The City's approval of future development (i.e. Tentative Subdivision Map) based upon the approved
Land Use and Development PIan will require demonstration that the proposed project can secure the
basic and essential services necessary for the development, such as access (legal and practical), water
supply, sewage disposal, and emergency services, as required by the City of Dublin General Plan,
Municipal Code and Ordinances.
M.
Site Development Standards Provision
~
Site development standards to supplement the approved Land Use and Development Plan shall be
submitted to the City prior to any Tentative Subdivision Map approval for this property to ensure that
the purpose of the PD District Overlay Zone, as detailed in the introductory section of this ordinance, is
met. Site development standards typically included within a Prezoning Land Use and Development Plan
include, but are not limited to: roadway design standards; soundwall, fencing, and decorative wall
features; entry monument treatments; streetscape designs; landscaping concepts and plans; and other
specialized architectural or design standards which contribute to the uniqueness of the project, and/or
implement the mitigation measures of the project ElR.
N. Environmental Impact Mitigation Provision
The approval of land use zoning designations for the Schaefer Ranch Project has been reviewed under
the California Environmental Quality Act (CEQA), and mitigation measures have been presented for
certain environmental impacts. The approval of a Planned Development Prezoning shall include the
provision that the mitigation measures appropriate and required by the City upon certification of the EIR
shall be applied and implemented with the project.
....,¡
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O. Park Location Provision
/-. Prior to the City's approval of future development (i.e. Tentative Subdivision Map) based upon the
approved Land Use and Development Plan, the proposed location and certain design aspects of the
neighborhood park which will serve the project shall be reviewed and approved by the City Council.
This Resolution will be effective upon the effective date of the Ordinance adopting the Planned
Development District Overlay Prezoning.
PASSED, APPROVED AND ADOPTED this 9th day of July, 1996
AYES:
Councilmembers Barnes, Burton, Moffatt and Mayor Houston
NOES:
None
ABSENT:
Councilmember Howard
ABSTAIN: None
41~
v MA YOR
r--
2
K/glcc-mtgs/7-9-96/reso-th3. doc
g:\pa#\ 1994\94028\stf-rpts\ 7 -9ccmtg\r-pd2.doc
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- 17 -
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