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HomeMy WebLinkAbout8.1 PCSR Calif Creekeside CUP OF DU��� i9�//�����• 82 STAFF REPORT PLANNING COMMISSION DATE: January 28, 2014 TO: Planning Commission SUBJECT: PUBLIC HEARING: PLPA-2013-00067 California Creekside Conditional Use Permit to amend the General Provisions and Development Standards for the California Creekside Planned Development Zoning (PA 95-048) Report prepared by: Seth Adams, Assistant Planner EXECUTIVE SUMMARY: The Applicant is requesting approval of a Conditional Use Permit to amend the General Provisions and Development Standards for the California Creekside Planned Development Zoning (PA 95-048) in order to allow second-story additions to detached single-family homes. In addition, this amendment will permit existing homes with excess lot coverage within the development that exceed the 35% maximum for two-story homes and 40% maximum for one- story homes. The proposed amendment would not allow additional development potential or additional lot coverage to those residences already over the maximum lot coverage. RECOMMENDATION: Staff recommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the public hearing; 3) Take testimony from the Applicant and the public; 4) Close the public hearing and deliberate; and 5) Adopt a Resolution approving a Conditional Use Permit to amend the General Provisions and Development Standards for the California Creekside Planned Development Zoning. Submitted By Reviewed By Assistant Planner Assistant Community Development Director COPIES TO: Applicant File ITEM NO.: • Page 1 of 6 DESCRIPTION: Figure 1. Project Site The project site is the California Creekside Planned Development - (PD) Zoning District, which is located within the Eastern Dublin Specific Plan area and bordered by Central Parkway to the north, Dublin Boulevard to the south, Hibernia Drive to the west, and Tassajara Creek to the east. The PD was originally approved by City Council Resolution No. 55- 96 on May 28, 1996 (Attachment 1), and includes 26.8 acres of Single-Family Residential, and 8.6 acres of Medium/High-Density Residential. The Planned Development approval permitted the construction of 277 dwelling f_ units, including 154 detached single-family homes, and 123 townhouses. The PD approval included development standards specific to California Creekside, including setbacks and yard areas, required parking, N and building height maximums. The PD specified that any other development standard that was not modified by the PD approval was to be governed by the general requirements and procedures of the R-1 District (Single-Family Residential) in the Dublin Zoning Ordinance. One such development standard that was not modified by the PD approval was lot coverage, which is limited in the R-1 District to 35% for two-story homes, and 40% for single- story homes. Also included in the original PD was Condition of Approval No. 2 which stated that additions to residences in the project were prohibited (see Attachment 1, Condition of Approval No. 2). In February of 2002 the Planning Commission approved a Conditional Use Permit to amend Condition of Approval No. 2 in order to permit single-story additions to detached, single-family dwellings within the California Creekside PD Zoning District, so long as the addition did not exceed a maximum height of 15-feet and was located to the side or rear of the home (Attachment 2). The Applicant's request (Attachment 3) is for approval of a Conditional Use Permit to further amend Condition of Approval No. 2 to permit second-story additions to detached, single-family dwellings if the addition meets all of the other development regulations within the PD. In addition to the Applicant's request, the City is initiating an amendment to the California Creekside Planned Development Zoning District to recognize homes within the PD that were built in excess of maximum lot coverage restrictions (35% for two-story homes and 40% for single-story homes) in order to change their status from legal non-conforming to legal conforming. 2 of 6 The proposed amendments are being reviewed under Section 8.32.080 of the Dublin Zoning Ordinance, which states that minor amendments to a Planned Development may be approved by the Planning Commission by means of a Conditional Use Permit as long as the amendment does not materially change the provisions or intent of the Planned Development Zoning Ordinance for the site. ANALYSIS: Single Family Residential Additions When the California Creekside Planned Development Zoning District was adopted in 1996, the purpose of prohibiting additions to homes was ostensibly to preserve the character of the development as it was originally designed and approved. While the desire to preserve the character of a neighborhood is understandable and desirable, blanket prohibitions on residential additions within a Planned Development Zoning District are not typical in Dublin and California Creekside is the only Planned Development in the city with such a prohibition. Typically, additions to homes are regulated based on maximum building height, minimum side and rear yard setbacks, and maximum lot coverage. As noted previously, the 2002 PD amendment made it possible for owners of detached single- family homes within California Creekside to build single-story additions to their homes so long as the addition did not exceed 15-feet in height and was located to the side or rear of the home, among other things. As amended in 2002, Condition of Approval No. 2 reads as follows: Additions to residences in this project are allowed under the following conditions. a. Additions are allowed to detached, single-family dwellings only. b. Additions shall be limited to the first floor and a maximum height of 15 feet. c. Additions shall be limited to side or rear yard areas. No additions shall be allowed to the front fagade of any buildings. d. Additions shall meet all development regulations of the R-1 Zoning District, including but not limited to, building setback and lot coverage requirements. e. Additions shall meet all aspects of the most currently adopted Dublin Building Code. Many of the homes in the California Creekside PD were constructed at the minimum side and rear yard setbacks resulting in very few single-family homes (approximately 30 out of 154) that could potentially be expanded on the first floor. Additionally, maximum lot coverage restrictions limit ground floor additions whereas second-story additions do not increase the lot coverage of a home. For these reasons, and combined with the fact that blanket prohibitions on residential additions are atypical for Dublin, Staff supports amending Condition of Approval No. 2 to allow second floor additions within the California Creekside PD (Attachment 4). In an effort to preserve the character of the neighborhood as originally designed and approved, Staff is proposing that all additions be required to be architecturally compatible with the existing residence. The proposed amendment to Condition of Approval No. 2 reads as follows: Additions to residences in this project are allowed under the following conditions: a. Additions are allowed to detached, single-family dwellings only. b. Additions shall meet all of the development standards within the PD Single-Family District, including but not limited to, building height, building setback and lot 3of6 coverage requirements, and applicable R-1 development standards not modified by the PD. c. Additions shall be architecturally compatible with the existing residence in terms of the building materials, colors, and elements. d. Additions shall meet all aspects of the most currently adopted Dublin Building Code. Single-Family Residential Lot Coverage As noted above, the Planned Development Zoning for California Creekside establishes certain development standards such as setbacks and yard areas, required parking, and building height maximums, and refers back to the R-1 District development regulations for all other development standards not modified by the PD approval. The purpose of these development standards is to create a neighborhood character. Lot coverage is a development standard that was not modified by the PD approval and therefore the R-1 District development regulations of 35% lot coverage for two-story homes and 40% lot coverage for single-story homes applies. During the processing of the Applicant's request, Staff discovered that some of the homes within California Creekside were approved and built in excess of the 35% and 40% lot coverage maximums allowed under the R-1 District development regulations. The result of these homes being out of compliance with the R-1 District lot coverage maximums, despite the City approving them this way, is that these residences are legal non-conforming and subject to the Non- Conforming Structures and Uses Section of the Zoning Code (Chapter 8.140); Chapter 8.140 establishes the conditions under which non-conforming structures can be maintained, improved, or replaced (Attachment 5). Lot coverage exceeding the R-1 standards of 35% and 40% is not uncommon in the Eastern Dublin Specific Plan area. These are existing homes, so the proposed change won't impact the character of the neighborhood. Therefore, Staff is proposing that the California Creekside Planned Development Zoning District be amended to recognize the homes built with excess lot coverage and therefore change their status from legal non-conforming to legal conforming. As a result, homeowners would no longer be subject to the restrictions of Chapter 8.140. The other homes within California Creekside that were built below the R-1 District lot coverage maximums would still be restricted to the 35% and 40% maximums as originally intended, and as such the character of the neighborhood would not be changed as a result of this amendment to the California Creekside development regulations. Staff is proposing to add the following lot coverage regulation for the PD Single-Family District under Section C.2 of the PD Zoning Ordinance (General Provisions and Development Standards) (Attachment 1): Amended Setbacks and Yards E. Lot Coverage: Lot Coverage shall be limited to a maximum of 40% for single-story homes, and 35% for two-story homes, with the exception of those homes originally built in excess of these standards and subsequently made legal conforming by Planning Commission Resolution No. 14-XX, which are limited to the lot coverage at which they were built. 4 of 6 CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLAN AND ZONING ORDINANCE: The Project site is designated Single-Family Residential and Medium/High-Density Residential in the General Plan and Eastern Dublin Specific Plan, and is located in a Planned Development (PD) Zoning District permitting single-family detached houses and multifamily townhouses and condominiums. The Project, as conditioned, is consistent with the General Plan, Eastern Dublin Specific Plan, and the PD zoning. REVIEW BY APPLICABLE DEPARTMENTS AND AGENCIES: The Project consists of a Planned Development zoning text amendment only, and does not involve any development. If the Project is approved, any future development within the subject Planned Development Zoning District would be reviewed by the applicable departments and agencies for compliance with the amended development regulations. NOTICING REQUIREMENTS/PUBLIC OUTREACH: Public notice regarding this project was provided in accordance with State law. A Public Notice was mailed to all property owners and occupants within the affected Planned Development Zoning District, and a one-eighth page advertisement was also published in the Valley Times. In addition the Public Notice was posted at several locations throughout the City. To date, the City has received no objections regarding the Project. A copy of this Staff Report has been provided to the Applicant. ENVIRONMENTAL REVIEW: The California Environmental Quality Act (CEQA), together with the State Guidelines and City Environmental Regulations require that certain projects be reviewed for environmental impacts and when applicable, environmental documents prepared. Staff is recommending that the Project be found Categorically Exempt from CEQA, pursuant to CEQA Guidelines Section 15305, Minor Alterations in Land Use Limitations. The Project consists of a Conditional Use Permit to amend the development standards for an existing residential Planned Development Zoning District in order to allow second story additions to the detached single-family residential units within the PD, and to allow existing excess lot coverage within the development. ATTACHMENTS: 1) City Council Resolution No. 55-96 2) Planning Commission Resolution No. 02-07 3) Applicant's Written Statement 4) Resolution approving a Conditional Use Permit to amend the General Provisions and Development Standards for the California Creekside Planned Development Zoning 5) Chapter 8.140 of the Dublin Zoning Ordinance 5 of 6 GENERAL INFORMATION: APPLICANT/PROPERTY OWNER: Kevin McAuliffe, 4628 Hawk Way, Dublin, CA 94568 LOCATION: California Creekside Planned Development (PA 95- 048) ASSESSORS PARCEL NUMBERS: 986-0007-001 through 064 and 986-0006-005 through 094 (all detached single-family properties within the California Creekside Development) GENERAL PLAN LAND USE DESIGNATION: Single-Family Residential SPECIFIC PLAN LAND USE DESIGNATION: Eastern Dublin Specific Plan, Single-Family ZONING: Planned Development (PD PA 95-048) SURROUNDING USES: LOCATION ZONING GENERAL PLAN LAND USE CURRENT USE OF PROPERTY North PD Public/Semi-Public & Medium Elementary School & Density Residential Residential South PD General Commercial Shopping Center East PD Open Space/Stream Corridor Tassajara Creek West PD Medium-High Density Residential Apartments 6of6