HomeMy WebLinkAbout8.1 Attch 1 CC Reso 55-96 RESOLUTION NO.55-96
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 95-048,CALIFORNIA CREEKSIDE
WHEREAS,Kaufman&Broad of Northern California have requested approval of a Planned
Development Rezoning to establish General Provisions and Development Regulations for a residential
development consisting of 154 single family dwellings and 123 townhouses on approximately 35.4 gross
acres(APN 946-15-1-10(por))in the Eastern Dublin Specific Plan area;and
WHEREAS, a complete application for a Planned Development Rezoning is available and on file
in the Planning Department;and
WHEREAS,pursuant to the California Environmental Quality Act(CEQA)the City has found,
pursuant to CEQA Guidelines Section 15182,that the proposed residential 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 has further found that the proposed project is consistent with the adopted
Eastern Dublin Specific Plan;and
WHEREAS,the Planning Commission did hold a public hearing on said application on April 16,
1996 and did adopt Resolution 96-10 recommending that the City Council approve and establish findings,
general provisions,and development standards for a Planned Development Rezoning,and recommending
that the City Council adopt a Development Agreement for PA 95-048 California Creekside;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 findingsand 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 Overlay Zone of the Zoning Ordinance,the General Plan
and the Eastern Dublin Specific Plan. 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 will be compatible with existing vacant and proposed commercial,office
and residential uses in the immediate vicinity,and which enhance development of the Specific Plan 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 the Dublin
San Ramon Services District has stated that public services are available;and
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4. The Planned Development Rezoning will be consistent with the policies of the Dublin
General Plan and the Eastern Dublin Specific Plan designation of Single Family Residential,Low Density
Residential,Medium Density Residential and Medium-High Density Residential;and
5. The Planned Development Rezoning will provide efficient use of the land pursuant to the
Eastern Dublin Specific Plan that includes preservation of significant open areas and natural and
topographic landscape features along Tassajara Creek with minimum alteration of natural land forms;and
6. ' The Planned Development Rezoning will provide an environment that will encourage the
use of common open areas for neighborhood or community activities and other amenities through
Conditions of Approval;and
7. The Planned Development Rezoning will create an attractive,efficient and safe
environment through Conditions of Approval;and
8. The Planned Development Rezoning 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 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
10. The Planned Development Rezoning will create attractive,efficient and safe
development because it will be developed pursuant to Conditions of Approval and site development
review.
NOW THEREFORE BE IT FURTHER RESOLVED THAT THE Dublin City Council does
hereby approve a Planned Development Rezoning including the following General Provisions and
Development Standards for PA 95-048, California Creekside,which constitute regulations for the use,
improvement and maintenance of the 35.4±acre parcel 946-15-1-10(por)subject to the following
Conditions of Approval:
GENERAL PROVISIONS AND DEVELOPMENT STANDARDS
GENERAL PROVISION
A. Pose
This approval is for a Planned Development(PD)District Rezoning for PA 95-048,California
Creekside. This PD District Rezone includes a Land Use and Development Plan which is represented by
the Tentative Map dated received April 10, 1996, Site Plan'and Preliminary Landscape Plan dated received
April 2, 1996(Both Labeled Exhibit A),and the written statements provided by the Applicant dated
received April 1, 1996 and on file. 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
and Eastern Dublin Specific Plan are met. More particularly,the PD District Rezone is intended to ensure
the following policies are met:
1. The approval of this Planned bevelopment Rezone shall be pursuant to the term set forth in the
Development Agreement approved by the City of Dublin on May 28, 1996,and recorded on
1996. In the event of conflict between the terms of the Development Agreement and the
following conditions,the terms of the Development Agreement shall prevail. [PW,PL]. +
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2. Encourage innovative approaches to site planning,building design and construction to create a
range of housing types and prices,and to provide housing for all segments of the community.
3. Create an attractive,efficient and safe environment.
4. Develop an environment that encourages social interaction and the use of common open areas for
neighborhood or community activities and other amenities.
5. Create an environment that decreases dependence on the private automobile.
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,and of the R-3 District shall be applied to the PD Medium-
High Density Residential designated lands in this PD District.
C. General Provisions and Development Standards
1. Intent: This Planned Development District is to be established to provide for and
regulate the development of the California Creekside Subdivision. Development shall be
generally consistent with the Land Use Development Plan. This approval rezones 35.4
gross acres currently zoned Business Park Industrial to 26.8 gross acres zoned PD Single
Family Residential District(154 dwelling units at 5.75 dwelling units per acre)and 8.6
gross acres zoned PD Medium-High Density Residential District(123 dwelling units at
14.3 dwelling units per Acre),for a total maximum of 277 dwelling units.
2. PD Single Family Residential
Permitted Uses: The following principal uses are permitted in the PD 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
4. Greenhouses used only for cultivation of plant materials for sale
5. Hospital
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.
Development Standards: Development standards within the PD Single Family district
are as follows.
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SETBACKS AND YARDS
A. Minimum Single Family Setbacks: The minimum setbacks for single family
detached houses and accessory structures shall be as follows:
Front Setbacks: Eighteen(18)foot minimum from the property line
to the garage face
Fifteen(15)foot minimum from the property line to
the habitable portion of the house
Sideyard Setbacks: Five(5)foot minimum from the property line
Street Sideyard Setbacks: Ten(10)foot minimum from the property line.
Rear Yard Setbacks: Twelve(12)foot minimum from the property line
Accessory Structures: Five(5)foot minimum from the property line
B. Exceptions to the Setback requirements are as follows:
Architectural projections(such as eves,columns,balconies,awnings,steps, and
fireplaces)may encroach up to a maximum of two(2)feet into a required front,rear,or
side yard setback and decks may encroach a maximum of five(5)feet into a required
rear yard setback.
C. Buildin Height Restrictions:
Buildings are to be limited to a maximum of two(2)stories and a height of
thirty(30)feet measured at the topmost point of the structure. This height limitation
shall not apply to chimneys.
Accessory structures are limited to a maximum height of fifteen(15)feet.
D. Parkin
The number of parking spaces required for each single family detached house
shall be two(2)garage spaces and two(2)spaces in the driveway apron.
2. PD Multi-Family Residential
Permitted Uses: The following principal uses are permitted in the PD Multi-Family
Residential district:
A. Residential development Iimited to:
1. Multifamily Townhouse units
2. Multifamily Condominium units
Prohibited Structures: Accessory Structures are not permitted except for common area
facilities such as pool equipment,restroom buildings,trash enclosures,and similar
structures.
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Prohibited Uses: The following uses are prohibited in the PD Multi-Family Residential
district:
1. Field Crops
2. Orchards
3. Plant Nurseries
4. Greenhouses used only for cultivation of plant materials for sale
5. Hospital
Conditional Uses: All conditional uses in the R-3 District are conditional uses in the PD
Multi-Family Residential district with the exception of prohibited uses listed above.
Development Standards: Development standards within the PD Multi-Family district
are as follows.
SETBACKS AND YARDS
A. Minimum Multi-Family Setbacks: The minimum setbacks for multi-family
attached houses and accessory structures shall be as follows:
Front Setbacks: Ten(10)foot minimum from the public street right-
of way to the garage face
Ten(10)foot minimum from the public street right-
of way to the habitable portion of the house
Four(4)foot minimum from the public street right-of
way to the porch face
Zero(0)foot minimum from common area parcel
lines
Fifteen(15)foot minimum from adjacent buildings
Sideyard Setbacks: Five(5)foot minimum from the public street right-of
way
Zero(0)foot minimum from common area parcel
lines
Fifteen(15)foot minimum from adjacent buildings
Rear Yard Setbacks: Twelve(12) foot minimum from the public street
right-of way
Zero(0)foot minimum from common area parcel
lines
• Thirty(30)foot minimum from garage face to garage
face
Accessory Structures: Five(5)foot minimum from the public street right-of
way when permitted
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B. Exceptions to the Setback requirements are as follows:
Architectural projections(such as eves,columns,balconies,awnings,steps,and
fireplaces)may encroach up to a maximum of two(2)feet into a required front,rear,or
side yard setback and decks may encroach a maximum of five(5)feet into a required
rear yard setback.
C. Building Height Restrictions:
Buildings are to be limited to a maximum of two(2)habitable stories and
underground garage,and a height of thirty-five(35)feet measured at the topmost point
of the structure. This height limitation shall not apply to chimneys.
. D. Parking:
The number of parking spaces required for each multi-family detached house
shall be two(2)garage spaces. Fifty-one(5 1)guest parking spaces shall be provided as
shown in Exhibit A.
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, r ]
Planning, [BI Building. rPOI Police [,P)E Public Works, [ADM1 Administration/City Attorney,[FINI
Finance. [F]Dougherty Regional Fire Authority. [DSR)Dublin San Ramon Services District. [COI
Alameda County Flood Control&Water Conservation District(Zone 7).
1. 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 Tentative Map and Site
Development Review are in substantial conformance with this PD Rezone and the Eastern Dublin
Specific Plan. 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]
3. The applicant shall comply with all applicable grading guidelines as indicated on page 103 of the
Eastern Dublin Specific Plan. [PW,PL]
4. All project construction shall conform to all building codes and ordinances in effect at the time of
building permit. [B]
5. The applicant shall comply with all Eastern Dublin Specific Plan EIR mitigation measures for
mitigating potentially significant plant and animal species impacts(e.g.Applicant shall submit a
preconstruction survey prepared within 60 days prior to any habitat modification to verify the
presence of sensitive species. A biologist shall prepare the survey and shall be subject to the
Planning Department review and approval). Any updated surveys and/or studies that may be
completed by a biologist prior to Tentative Map application submittal shall be submitted with the
Tentative Map application.(222,23 0)[PL] 'No,
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6. Applicant shall comply with all DRFA fire standards,including minimum standards for
emergency access roads and payment of applicable fees,including a Fire Capital Impact Fee. (74,
77)[F]
7. The location and siting of project specific wastewater,storm drain,recycled water,and potable
water system infrastructure shall be consistent with the resource management policies of the
Eastern Dublin Specific Plan. (39,40)[PL,PW]
8. Any proposed modifications or alterations to Tassajara Creek shall be approved by the City of
Dublin and any required permitting agencies and shall be consistent with the policies of Eastern
Dublin Specific Plan and FEIR the Eastern Dublin Comprehensive Stream Restoration Program
and the Master Drainage Plan. (41)[PW,PL]
9. The garbage service provider shall be consulted to ensure that adequate space is provided to
accommodate collection and sorting of petrucible solid waste as well as source-separated
recyclable materials generated by the residents within this project. (279)[PL]
10. The applicant shall comply with the City's solid waste management and recycling requirements.
[ADM]
11. The use of rodenticides and herbicides within the project area will be restricted to the satisfaction
of the Community Development Director to reduce potential impacts to wildlife. A written
statement from the developer shall be submitted to the Community Development Director to that
effect prior to issuance of the Grading Permit. (221)[PL]
12. The applicant shall comply with the City's solid waste management and recycling requirements.
(103,279)[ADM]
13. The applicant shall comply with all applicable action programs and mitigation measures of the
Eastern Dublin General Plan Amendment/Specific Plan and companion Final Environmental
Impact Report(FEIR),respectively,that have not been made specific Conditions of Approval of
this PD Rezone. [PL]
PASSED,APPROVED AND ADOPTED this 28th day of May, 1996,by the following vote:
AYES: Councilmembers Barnes, Burton, Howard, Moffatt and Mayor Houston
NOES: None
ABSENT: None
ABSTAIN: None
Mayor
ATTEST:
L
Deputy City Clerk
GAPA95-04ftepdres
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