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HomeMy WebLinkAboutOrd 06-99 Emerald Glen RezoneORDINANCE NO. 6- 99 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING THE ZONING MAP TO REZONE PROPERTY LOCATED EAST OF TASSAJARA CREEK, SOUTH OF CENTRAL PARKWAY, NORTH OF -.- DUBLIN BOULEVARD AND WEST OF PARK DRIVE (APN: 986-0001-001-10 PORTION) TO A PLANNED DEVELOPMENT ZONING DISTRICT AND ADOPTING A DEVELOPMENT PLAN FOR THE TOLL BROTHERS, EMERALD GLEN//4 (PA 98-063) WHEREAS, Toll Brothers of San Ramon, California, and Alameda County Surplus Property Authority ("Applicant/Developer") have requested approval of a Planned Development Rezone to establish General Provisions and Development Regulations for a residential development consisting of 295 single family detached and attached homes on approximately 28.9 acres, (APN 986-00001-001-10 portion) in the Eastern Dublin Specific Plan area; and WHEREAS, Applicant/Developer has submitted a complete application for a Planned Development Rezone, including a Development Plan as required by Section 8.32 of the Zoning Ordinance, which meets the requirements of said section, and is available and on file in the Planning Department; and WHEREAS, the site will be rezoned from the Planned Prezoning Category to Planned Development Zoning District as depicted in the Development Plan; and WHEREAS, a Development Agreement will be required prior to approval of a Final Map for the project as required by the Eastern Dublin Specific Plan and the Conditions of Approval of the Tentative Map and Site Development Review; and 'WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the proposed project is within the scope of the Final Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan which was certified by the City Council by Resolution No. 51-93, and the Addenda dated May 4, 1993, and'August 22, 1994 (the "EIR"), and that no additional significant impacts are expected and no new mitigation measures are needed for site-specific environmental effects; and- WHEREAS, the Planning Commission held a public hearing on said applications on February 9, 1999, and did adopt a Resolution recommending that the City Council approve the Planned Development Rezoning and the Development Plan for PA 98-063; and WHEREAS, a properly noticed public hearing was held by the City Council on March 2, 1999 and March 16, 1999; and WHEREAS, the Staff Report was submitted recommending that the City Council approve the application; and WHEREAS, pursuant to section 8.32.070 and 8.120.050 of the Dublin Municipal Code, the City Council makes the following findings: Glplanninglpa98-O63/ord march 16cc.doc · 1. The proposed Planned Development Zoning District meets the intent and purpose of Chapter 8.32 of the Zoning Ordinance because it provides a comprehensive Development Plan which will create a desirable use of land and an environment that will be sensitive to surrounding land uses by virtue of the layout and design of the architecture and site plan. The residential project is within the allowable density range for a Medium Density Residential use on this site, consistent with both the City of Dublin General Plan and Eastern Dublin Specific Plan. 2. Development under the Development Plan will be harmonious and compatible with existing and future development in the surrounding area because the site plan has been designed to be compatible with the proposed and approved plans for the neighborhood, including the adjacent Tassajara Creek open space area and regional trail, future park uses to the north, existing residential uses across Tassajara Creek to the west (K&B) and future commercial uses east and south of the site. Adequate setbacks and complementary architectural designs and landscaping proposed in the Development Plan have been specially designed to enhance and fit into the new neighborhood. 3. The project site is physically suitable for a project in that it is flat, has adequate access and is of a sufficient size to accommodate residential uses as well as open space for the community. Additionally, the Development Plan provides for development at a density consistent with the General Plan and Eastern Dublin Specific Plan Land Use Designation for this site. 4. The proposed project will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety or welfare because the Development Plan has been designed in accordance with the City of Dublin General Plan, Eastern Dublin Specific Plan and Program EIR and Addenda. WHEREAS, no final map shall be recorded for the Property until a development agreement is recorded in accordance with the Eastern Dublin Specific Plan; WHEREAS, the City Council did hear and use its independent judgment and consider all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows: SECTION 1. 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 following property ("the Property"). to a Planned Development Zoning District:' Approximately 28.9 acres generally located along the east side of Tassajara Creek, northerly of Dublin Boulevard, westerly of Park Drive, and southerly of Central Parkway in the Eastern Dublin Specific Planning Area, more specifically described as Assessor's Parcel Number 986-0001-001-10 portion. A map of the Property is outlined below: VESTING TEh~TATIVE MAP TRACT 7084 'ClT. Y OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA SECTION 2. The regulations of the use, development, improvement, and maintenance of the Property are set forth in the Development Plan (Exhibit A attached) which is hereby approved. Any amendments to the Development Plan shall be in accordance with section 8.32.080 of the Dublin Municipal Code or its successors. SECTION 3. Except as provided in the Development Plan for PA 98-063, the use, development, improvement and maintenance of the Property shall be governed by the provisions of the Dublin Zoning Ordinance. SECTION 4. 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 by the City Council of the City of Dublin this 6th day of April, 1999, by the following vote: AYES: Councilmembers Howard, Lockhart, McCormick, Zika and Mayor Houston NOES: None ABSTAIN: None ABSENT: None Mayor DEVELOPMENT PLAN GENERAL PROVISIONS AND DEVELOPMENT STANDARDS PLANNED DEVELOPMENT REZONE PA 98-063, TOLL BROTHERS EMERALD GLEN # 4 This is a Development Plan pursuant to Chapter 8.32 of the Dublin Zoning Ordinance for the Toll Brothers Emerald Glen #4 subdivision, PA 98-063 located East of Tassajara Creek, South of Central Parkway, North of Dublin Boulevard, and West of Park Drive (APN 986-0001-001-10 portion). This Development Plan meets all of the requirements for Stage I and Stage 2 review of the project. This Development Plan includes Tentative Tract Map 7084' and Site Development Review plans, other plans, exhibits, and written statements contained in the document dated January 8, 1999, labeled Attachment 3, and on file in the Planning Department. The Planned Development District allows the flexibility needed to encourage innovative development while ensuring that the goals, policies, and action programs of the General Plan, Eastern Dublin Specific Plan, and provisions of Section 8.32 of the Zoning Ordinance, are satisfied. A. General Provisions Intent: This PD District rezone is to establish, provide for and regulate the development of the Toll Brothers, Emerald Glen #4 Subdivision. Development shall be generally consistent with the Land Use and Development Plan. 2. Zoning: PD Residential - (General Plan Land Use Designation: Medium Density Residential) 3. Permitted Uses: The following principal uses are permitted by the PD Residential District: Residential development limited to: a. Single Family Detached Houses b. Patio homes with reciprocal side yard easements c. Single Family Townhouses d. 295 Residential Units 4. Prohibited Uses: The following uses are prohibited in this PD Residential District: EXItlBIT A a. Field Crops b. Orchards c. Plant Nurseries d. Greenhouses used only for cultivation of plant materials for sale e. Hospital Conditional Uses: All conditional uses in the R-1 District are conditional uses in the PD Residential District with the exception of prohibited uses listed above. 6. Dublin Zoning Ord, i. nance: App!ieable requirements except as specifically modified by the provisions of this ~D District ~ezone, all applicable general requirements and procedures of'the Dublin Zoning Ordinance R-1 DistriCt shall be applied to the area designated in ~s:PD District Rezone. 7. Site Plan & Architecture: See attached site and elevation plans contained in Attachment 3, Development Plan. This Development Plan applies to the 28.9-acres shown on this plan.' Any modifications to the project shall be substantially consistent with these' plans and of equal or superior mate,rials and design quality. 8. Density: The density of the proposed development for the 28.9 acres is 10.2 dwelling units per acre, as shown on the Stage 2 Site Plan. 9. Phasing Plan: Refer to attached phasing plans included in Attachment 3, Development plan. 10. Landscaping Plan: Refer to attached landscaping plans included in Attachment 3, Development Plan. B.' Develovment Standards Development Standards within this PD Residential are as follows: I. Single Family Detached LotDimensions (minimum): size: 3,956 square feet width: 50 feet depth: 78.2 feet Front Yard Setbacks: Front yard setbacks should vary for detached residences to create visual interest along-through streets. a. Front-Entry Garages b. Front Living Space 18' min. from property line t 0" min. from property line 2 Note: Sectional garage doors with automation openers are required for all residences with driveways less than 20 feet. Side Yard Setbacks: a. Standard b. Comer Lots c. Adjacent to Central Parkway 5 feet minimum 10 feet minimum 5 feet minimum Note: A minimum 3' clear area must be maintained in all side-yards to facilitate movement between the front and rear of the home. Encroachments such as eaves, fireplaces, bay windows, etc. are permitted so long as the 3' minimum circulation space is maintained. Air conditioning equipment must be located in the rear yards. A minimum 10' shall be maintained between all buildings. Rear Yard Setback: Rear yard setbacks are important for establishing privacy and separation between residences, as well as for providing for usable recreation space. 10' minimum Note: Eaves, fireplaces, niches, bay windows, cantilevered second floor area, porches, balconies and decks, etc. may project 2' into the required rear yard. Residential Massing and Maximum Building Height: Single story elements are encouraged at comer lots throughout the project to break-up 2-story massing. Maximum building height shall be 35 feet (2-stories) Parkin~Garages: Consideration shall be given to the placement, orientation and treatment of the garages and the garage doors. Two covered spaces within an enclosed garage are required. The minimum clear interior dimension of the garage space is 19' by 19.' Two potential spaces are provided in the driveway in front of the garage door on the driveways based on the required garage setback above. 2. Patio Homes With Reciprocal Sidevard Easements Lot Dimensions (minimum): size: 2,961 square feet width: 47 feet depth: 63 feet Front Yard Setbacks: Front yard setbacks should vary for detached residences to create visual interest along through streets. a. Front-Entry Garages 18' min. from property line 3 b. Front Living Space 10" min. from property line Note: Sectional garage doors w/th automation openers are required for all residences with driveways less than 20 feet. Setbacks for Lot 126 shall be as indicated on the approved Site Plan due to the configuration of this lot. Side Yard Setbacks: a. Standard 5 feet minimum b. Comer Lots I 0 feet minimum c. Reciprocal S/de-Yard 0 feet This residential product shall incorporate reciprocal side-yard easements. At'hough a mm~mum 10 feet between buildings is required, the side-yard fencing, extending from the residential structure to the rear property line shall be located to allow the adjacent neighbor to "borrow" 5 feet from the lot next door, thereby creating a usable 10' side yard on the active side of the home. See graph/c exhibit below: ....... Note: A minimum 3' clear area must: be malnlained in all active side-yards to facilitate movement between the fi'ont and rear of the home. The passive side of the home becomes the borrowed acUve area ofth~ adjacent 10tl Ehcroachrnents sUCh as eaves, fireplaces, bay windows, etc. are permitted so long as the rmmmum-c~reuiation space is maintained. A minimum 10' shall be maintained between all buildings. Rear Yard Setback: Rear yard setbacks ' separation between ~I~,,,,-.~ are unportant for establishing privacy and re ......... , as well as for providing for usable recreation space. 10' minimum Note: Eaves, fireplaces, niches, bay windows, cantilevered second floor area, porches, balconies and decks, etc. may project 2' into the required rear yard, Residential Massing and Maximum Building Height: Single story elements are encouraged at comer lots throughout the project to break-up 2-story massing. Maximum 4 building height shall be 35 feet (2-stories) Parking/Garages: Consideration shall be given to the placement, orientation and treatment of the garages and the garage doors. Two covered spaces within an enclosed garage are required. The minimum clear interior dimension of the garage space is 19' by 19.' Two potential spaces are provided in the driveway in front of the garage door on the driveways based on the required garage setback above. Single Family Townhouses This portion of the project consists of single family attached townhouse units located in 5, 6 or 7 un/t buildings. There are twenty-four parcels, each with one building. A recreation complex is located on its own parcel; Parcel C. Building Setbacks: a. Public Street b. Private Street Between Garage Faces 10 feet minimum from right of way line 10 feet minimum from curb face to living space 30 minimum Note: Sectional garage doors with automatic openers are required for all residences. Note: Architectural projections such as eaves, balconies, wing wails, fireplaces, bay windows, etc. may project up to 2' into any required setback area. Air conditioning units .shall be screened from view and shall be placed so as to minimize any noise intrusion ~nto any adjacent residential unit. Residential Massing and Maximum Building Height: Variations in building elements, elevation stepping and roof heights are encouraged to break the visual linearity and potential consistent height of the large structures. Th~ree story elements should be stepped back and nested only at interior building comers to limit massing. The maximum building height shall be 37 feet. Parking/Garages: Garage access shall be from interior private driveways. Two enclosed parking spaces shall be provided for each residential unit. Enclosed tandem parking shall be al?wed providing that the size of the parking area meets the minimum size reqmrements of the City of Dublin Zoning Code. Conventional garage parking shall measure a minimum of 19 by 19 feet. Guest parking shall be provided in close proximity to the residential units that they are intended to serve. Trash Receptacles/Enclosures: Each residential unit shall have enclosed storage space for trash cans and recyclable containers. This space shall be with.in each respective unit's garage and may not encroach into the required parking space of 19 by 19 feet in conventional garage configuration and 9 ½ by 38 feet for tandem spaces. Enclosures for trash and recyclable items not contained within the garage area, shall be subject to review 5 by the Planning Department. CC R s shall prohibit unenclosed exterior storage of trash and recyclable materials. General Provisionn The project applicant/developer shall enter into a Development Agreement with the City ofD.ub, lin prior to Final Map approval, which shall contain, but not be limited to, prowsmns for financing and timing of on and off-site infi'astructure, payment of~raffic, noise and public facilities impact fees, affordable housing, ownership and maintenance of creek and open space areas, and other provisions deemed necessary by the City to find the project consistent with the Eastern Dublin Specific Plan. As part of Final Map approval, the dedication for ownership of open space, parkways and other landscaped areas shall be designated. No credit for these areas and,improvements shall be given towards parkland dedication requirements. Al/facilities and landscaping w/thin the open space and common areas shall be subject to approval of the Community Development Director. The developer shall be required to pay all applicable fees, including a Public Facility Fee in the amounts and at the times set forth in City of Dublin Resolution No. 32-96, adopted by the City Council on Marcy 26, 1996, or in the amounts and at the times set forth in any resolution revising the amount of the Public Facilities Fee.