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HomeMy WebLinkAboutReso 090-03 EdenHousReZoning RESOLUTION NO. 90 - 03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN A RESOLUTION MAKING FINDINGS RELATED TO A PLANNED DEVELOPMENT (PD) STAGE 1 AND STAGE 2 REZONING AND DEVELOPMENT PLAN AND FOR ALTERNATIVE METHODS OF COMPLYING WITH CHAPTER 8.68.04E OF THE ZONING ORDINANCE, FOR APPROXIMATELY 0.58 ACRES OF LAND FOR THE EDEN HOUSING AFFORDABLE HOUSING PROJECT LOCATED AT 7606 AMADOR VALLEY BOULEVARD WHEREAS, the Applicant, Eden Housing Inc., has requested approval of a General Plan Amendment, an Amendment to the Downtown Core Specific Plan, PD-Planned Development Rezoning, Tentative Parcel Map, and Site Development Review to construct up to 54 multi-family senior apartment units with ground floor parking and related site improvements on the subject property. The Applicant has requested that the occupancy of the project would be limited to qualified low and very-low income households with the exception of an on-site manager dwelling unit based on state and federal funding sources' requirements to be utilized in the construction of the project and is therefore not entitled to credits under the City's Inclusionary Housing Ordinance; and WHEREAS, the Applicant, Eden Housing, Inc., has requested to develop the project entirely for very low and extremely low income seniors and is not entitled to any credits under the City's Inclusionary Housing Ordinance as a result of this request; and WHEREAS, the proposed project area is located within downtown Dublin and contains approximately 0.58 acres of land, located at the rear of the former Dublin Branch Library, 7606 Amador Valley Boulevard; and WHEREAS, a complete application for the above Project is available and on file in the Community Development Department; and WHEREAS, Site Development Review (SDR) approval was granted by the Planning Commission on May 13, 2003 to allow up to 54 senior occupancy affordable dwellings and an on-site manager unit along with on-site parking, landscaping and related site improvements, but is not effective until approval of the Planned Development (PD) Rezoning and Development Plan; and WHEREAS, a Tentative Tract Map to divide the property into two separate parcels was approved by the Planning Commission on May 13, 2003, but is not effective until approval of the Planned Development (PD) Rezoning and Development Plan; and WHEREAS, a Planned Development (PD) Stage 1 and 2 Rezoning and Development Plan have been requested for approximately 0.58 acres to construct up to 54 senior affordable housing units, an on- site managers unit, on-site parking and related site improvements; and WHEREAS, the Ordinance approving the PD Stage 1 and 2 Rezoning and Development Plan are attached to the Staff Report as Attachment 4; and WHEREAS, the project will vary from the strict requirements from the City's Inclusionary Housing Ordinance by not providing a percentage of moderate and low income housing but will meet the needs of a very specific segment of the senior community by providing housing at the very low and extremely low income levels; and WHEREAS, proper notice of the public hearing was given in all respects as required by law; and WHEREAS, the City, as lead agency, completed an Initial Study for the Project consistent with CEQA Guidelines sections 15162 and 15163 and determined that a Mitigated Negative Declaration was required in order comply with the provisions of the California Environmental Quality Act, Implementing Guidelines and City of Dublin Environmental Guidelines; and WHEREAS, the Planning Commission did hold a public hearing on the project on May 13, 2003 on the General Plan Amendment, Specific Plan Amendment, and Planned Development (PD) Rezoning and Development Plan, and recommended approval of the project to the City Council; and WHEREAS, City staff prepared a report describing and analyzing the proposed Planned Development Rezoning and Development Plan, which report was presented to the City Council at a duly noticed public hearing on May 20, 2003, at which time all interested parties had the opportunity to comment on the project; and WHEREAS, the City Council did hear and consider all such reports, recommendations, and testimony, and the Mitigated Negative Declaration, hereinabove set forth and supports the Planned Development (PD) Rezoning and Stage 1 and 2 Development Plan; and NOW, THEREFORE, BE IT RESOLVED THAT the foregoing recitals are true and correct and made a part of this resolution. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Dublin City Council does hereby find as follows regarding approval of the Planned Development Rezoning and Stage 1 and 2 Development Plan for PA 03-003: 1. The proposed Planned Development Rezoning and Development Plan for PA 03-003 are compatible with other land uses in the immediate vicinity of the project, including the Dublin Senior Center and multi-family residences along the north side of Amador Valley Boulevard. 2. The proposed Planned Development Rezoning will not adversely affect the health or safety of persons residing or working in the vicinity, and will not be detrimental to the public health, safety and welfare because all potential environmental impacts associated with the project have been mitigated through design of the project or through applications of Conditions of Approval. 3. The proposed Planned Development Rezoning will not be injurious to property or improvements in the neighborhood because features have been incorporated into the project and the project is conditioned to comply with all Building and Fire Department requirements, Planning and Public Works Department requirements regarding, on- and off-site traffic circulation, street improvements, and on and off-site drainage improvements. 2 4. The proposed Planned Development (PD) Rezoning is consistent with the general provisions, intent, and purpose of the PD Zoning District of the Zoning Ordinance in that it contains all information required by Section 8.32 of the Zoning Ordinance for a Stage 1 and Stage 2 Development Plan and accomplishes the objectives of Section 8.32.010, A through H, of the Zoning Ordinance; and 5. The proposed Planned Development (PD) Rezoning will not overburden public services as all agencies must commit to the availability of public services prior to the issuance of building permits as required by City laws and regulations; and there are adequate provisions for public access, water, sanitation, and public utilities and services to the site incorporated into the project to ensure that the proposed use and related structures would not be detrimental to the public health, safety, and welfare. 6. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed because the project is generally flat, has been previously developed graded and improved as a parking lot, is within an urbanized area and located adjacent to existing medium density residential and commercial land uses. 7. The Eden Housing project use is not contrary to the specific intent clauses, development regulations, and performance standards established for the PD Planned Development and High Density Residential land uses as addressed in the City's Zoning Ordinance because the proposed High Density Residential land uses will be compatible with surrounding uses. 8. The Eden Housing project is varying from the strict interpretation of the City's Inclusionary Housing Ordinance in that it will not provide a percentage of moderate and low income housing, but will instead provide all the units at the very low and extremely low income levels whic~h targets a specific segment of the senior community that needs this type of assistance. The City Council by this action finds that by waiving the requirements of Chapter 8.68.040E of the Zoning Ordinance and approving this alternative, the City is satisfying the intent and requirements of the Inclusionary Housing Ordinance. 9. The approval of this project, as conditioned, complies with the Dublin General Plan, the PD Planned Development and Civic Use regulations of the Zoning Ordinance, and the general requirements established in the Dublin Zoning Ordinance because it will not be effective until it a General Plan Amendment is approved changing the Land Use Designation on the site to High Density Residential. 10. The Planned Development District (PD) Rezoning and accompanying Tentative Parcel Map,, and Site Development Review will create an attractive, efficient, and safe environment; and 11. The Planned Development (PD) District Rezoning will benefit the public necessity, convenience, and general welfare by promoting affordable housing near downtown Dublin, as mandated by the General Plan and Downtown Core Specific Plan; and 12. The Eden Housing project is consistent with the intent and purpose of the Zoning Ordinance. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council.hereby waives the requirements of the Chapter 8.68.04E of the Zoning Ordinance and approves the alternative method of compliance as presented by Eden Housing and finds that this project and its affordability for specific income level seniors meets the purposes of this Chapter. 3 PASSED AND ADOPTED BY the City Council of the City of Dublin on this 20th day of May 2003, by the following votes: AYES: Councilmembers McCormick, Oravetz, Sbranti and Zika, and Mayor Lockhart NOES: None ABSENT: None ABSTAIN: None ATTE,,~~,,~ .... Deputy City Clerk G:\CC-MTGS~2003-qtr2Wlay\5-20-03~reso-eden findings.doc (Item 6.3) 4