HomeMy WebLinkAboutReso 188-03 DenyAmendPA00-009RESOLUTION NO. 188 - 03
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
DENYING THE AMENDMENT TO PA 00-009 BRITTANY L~~CK MO~T~N~
SITE DEVELOPMENT REVIEW TO AUTHORIZE THE T~ING OF TREE NO, 340
ON AN EXISTING LOT (LOT 8) AT 11183 BRITTANY LANE
WHEREAS, the Applicant, JeffWoods of Blackmountain Development has requested an
Amendment to the Brittany Lane/Black Mountain Development (PA 00-009) Site Development Review
for 7- single family home on a existing lots; and
WHEREAS, the requested amendment would authorize the trimming of tree #340 (as identified
by the approved Tree Protection Plan for the Brittany Lane/Blackmountain Development Site
Development Review); and
WHEREAS, a completed application for Site Development Review Amendment is available and
on file in the Dublin Planning Department; and
WHEREAS, the environmental impacts of the construction of the original project were addressed
under the Negative Declaration prepared for the PA 85-035 Hatfield Development Corporation Planned
Development Rezone, Annexation and Site Development Review of which the subject lots were a part.
The Negative Declaration was prepared in accordance with the California Environmental Quality Act
(CEQA), State CEQA Guidelines and the City of Dublin Environmental Guidelines;
WHEREAS, the Site Development Review Amendment is classified as Categorical Exempt from
the California Environmental Quality Act pursuant to Section 15301 Classl, because the trimming of the
tree would be a minor alteration to the tree #340 because a certified Arborist examined the proposed tree
trimming and determined the trimming is minor, would not affect the health or stmctuxe of the tree;
WHEREAS, a Site Development Review Amendment has been requested for this project because
in April 2002, during the review of the grading plan for the seven lots, Staff determined that the approved
location of the residence on Lot 8 conflicted with Tree No. 340. Specifically, the location of Tree No.
#340 is between 4 and 14-feet further northeast than the location shown on the approved site plan; and
WHEREAS, the applicant has chosen to apply to an amendment to the SDR to remove a portion
of Tree No. 340, rather than applying for an amendment to the SDR to reduce the size of the proposed
residence; and
WHEREAS, the City Council did hold a public hearing on said application on August 5, 2003; and
WHEREAS, proper notice of said hearing was given in all respects as required by law; 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 findings regarding said proposed Site Development Review Amendment:
Ao
The approval of this Amendment is not consistent with the intent/purpose of Section
8.104.020.A (Site Devel°pment Review)~ the ~6~ ~rdifi~e ~ause trimming of
tree #340 would not promote development compatible with the individual site
environmental constraints because it would significantly alter the tree from its natural
form. Moreover, other residences approved as part of the Brittany Lane/Blackmountain
Development have maintained the Heritage Trees as identified in the tree protection plan
without significant modification or priming and therefore pruning tree #340 would result in
a development not consistent with the surrounding properties.
In addition the proposal to trim the 26" - 27" limb of Tree No. 340 does not promote a
harmonious development of the lot because the Applicant could apply for an Amendment
to the approved Site Development Review, which would eliminate the conflict between the
house and Tree No. 340.
Be
The proposed Amendment would not be consistent with the Zoning Ordinance, specifically
the intent/purpose of Section 8.104 (Site Development Review), as indicated in A above.
Co
The proposed Amendment will not adversely affect the health or safety of persons residing
or working in the vicinity, or be detrimental to the public health, safety and general
welfare.
Do
The proposed structure and setback of the structure from Tree No. 340 will not provide a
desirable environment for the development because it would require a change to the
existing form of the tree and the Applicant could reduce the size of the proposed residence
as an alternative.
Eo
The subject site is not physically suitable for development because of the proximity of the
proposed structure to Tree No. 340.
Fo
Impacts to views have been addressed and would not be affected by the proposed trimming
of the subject tree.
G. Impacts to existing slopes and topographic features are addressed.
Architectural considerations, including the scale of the structure, would adversely affect
the compatibility of this project with the existing character of surrounding development.
Ho
Landscape considerations, including the locations, type, size, color, texture and coverage
of plant materials, provisions and similar elements have been considered to insure visual
relief and an attractive environment for the public and would not be directly impacted by
the proposed Amendment.
The proposed Amendment is not inconsistent with the General Plan.
NOW, THEREFORE BE IT DETERMINED THAT THE City of Dublin City Council hereby
denies the Site Development Review Amendment Application for PA 00-009 to trim Tree No. 340 (as
identified by the Tree Protection Plan) located on Lot 8 of the Hatfield Development and further identified
as Assessors Parcel Number 941-2775-37, and as generally depicted by materials labeled Attachment 1 to
the August 5, 2003 Agenda Statement, labeled "denied" and on file in the City of Dublin Planning
Department, because the Council cannot make all of the findings for approval required by Dublin
Municipal Code section 8.104.070. The original approval Brittany Lane/Black Mountain Development
(PA 00-009) Site Development Review remains in effect, as do all of the conditions associated with that
approval. [
PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this 2nd day
of September 2003, by the following votes:
AYES:
Councilmembers McCormick, Oravetz, Sbranti and Zika and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None
K21GI8-5-O31reso-black-mm.doc (Item 6.5)
G ~PAg~2000\00-009 Black MountainL2003\black mountain deny reso 2.DOC