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Home My WebLink AboutPC Reso 14-02 CA Creekside CUP for PD Amendment RESOLUTION NO. 14-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT TO AMEND THE GENERAL PROVISIONS AND DEVELOPMENT STANDARDS FOR THE CALIFORNIA CREEKSIDE PLANNED DEVELOPMENT ZONING (PA 95-048) PLPA-2013-00016 WHEREAS, the Applicant has requested approval of a Conditional Use Permit to amend Condition of Approval No. 2 of City Council Resolution No. 55-96 setting forth the Findings and General Provisions for the California Creekside Planned Development Rezone approved May 28, 1996 and amended February 26, 2002 by Planning Commission Resolution No. 02-07, in order to allow second story additions to detached single-family houses in the development; and WHEREAS, the City of Dublin is initiating an amendment to the California Creekside Planned Development Zoning District to change the status of existing homes built in excess of maximum lot coverage restrictions from legal non-conforming to legal conforming and to add a lot coverage regulation to the General Provisions and Development Standards for the California Creekside PD; and WHEREAS, certain residences within the California Creekside Planned Development were inadvertently approved and built in excess of the lot coverage regulations contained within Section 8.36.020(A) of the Dublin Zoning Ordinance; and WHEREAS, Section 8.32.080 of the City of Dublin Zoning Ordinance, Planned Development Zoning District, states that the Planning Commission by means of a Conditional Use Permit may approve minor amendments to an adopted Development Plan upon a finding that the amendment substantially complies with and does not materially change the provisions or intent of the adopted Planned Development Zoning Ordinance for the site; and WHEREAS, the California Environmental Quality Act (CEQA), together with State Guidelines and City Environmental Regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, pursuant to the CEQA, the Planning Commission finds this project Categorically Exempt from CEQA, pursuant to CEQA Guidelines Section 15305, Minor Alterations in Land Use Limitations; and WHEREAS, a Staff Report was submitted to the City of Dublin Planning Commission recommending approval of the Conditional Use Permit request; and WHEREAS, the Planning Commission held a public hearing on said application on January 28, 2014 at which time all interested parties had the opportunity to be heard; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project. NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission does hereby make the following findings and determinations regarding the Conditional Use Permit: A. The proposed use and related structures are compatible with other land uses, transportation and service facilities in the vicinity in that: 1) the existing use is Single- Family Residential; 2) the amended Condition of Approval will not substantially alter the character of the Planned Development as it restricts additions to detached, single-family dwellings only; 3) the amended Condition of Approval states that additions shall be architecturally compatible with the existing residence in terms of the building materials, colors, and elements; and 4) the amendment will not allow those residences built in excess of the lot coverage regulations to be further developed in such a manner as to increase the lot coverage beyond what was originally approved and constructed. B. It 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 welfare in that: 1) the amended Condition of Approval restricts additions to detached, single-family dwellings within an existing residential development; and 2) any additions to detached, single-family dwellings are required to meet all of the existing development standards for the Planned Development Zoning District, including, but not limited to building height, building setback, and lot coverage. C. It will not be injurious to property or improvements in the neighborhood in that: 1) the amended Condition of Approval restricts additions to detached, single-family dwellings within an existing residential development; and 2) the amendment will not allow those residences built in excess of the lot coverage regulations to be further developed in such a manner as to increase the lot coverage beyond what was originally approved and constructed. D. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use and related structures would not be detrimental to the public health, safety, and welfare in that: 1) the amendment applies only to detached single-family dwellings within an existing residential development for which all public access, services, and utilities are in place. E. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed in that: 1) additions are limited to existing detached single-family dwellings subject to compliance with building height, setback and lot coverage development standards and would not alter the existing development pattern of the Planned Development Zoning District, including the type, density and intensity of the use and related structures. F. It will not be contrary to the specific intent clauses, development regulations, or performance standards established for the zoning district in which it is located in that: 1) the amendment recognizes the excess lot coverage and changes the status of those 2 of 4 residences from legal non-conforming to legal conforming; 2) the amendment will not allow those residences built in excess of the lot coverage regulations to be further developed in such a manner as to increase the lot coverage beyond what was originally approved and constructed; 3) the amendment will not change the character of the neighborhood or intent of the PD; and 4) the amended Condition of Approval requires that all additions meet the development standards for the PD Single-Family District, including but not limited to, building height, building setback, and lot coverage. G. It is consistent with the Dublin General Plan and with any applicable Specific Plans in that: 1) the site is designated as Single-Family Residential in the General Plan and Eastern Dublin Specific Plan; and 2) the amendment applies only to the detached single- family dwellings within the Planned Development Zoning District. BE IT FURTHER RESOLVED that the Planning Commission does hereby approve a Conditional Use Permit to amend Condition of Approval No. 2 of City Council Resolution No. 55- 96 for the California Creekside Planned Development as follows: Amended Condition 2: 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 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. e. Residential additions which are over 200 square feet in size shall be subject to Site Development Review by the Community Development Director in accordance with the Zoning Ordinance permit procedures. BE IT FURTHER RESOLVED that the Planning Commission does hereby approve a Conditional Use Permit to amend City Council Resolution No. 55-96 for the California Creekside Planned Development in order to recognize the homes built with excess lot coverage and therefore change their status from legal non-conforming to legal conforming, and to add the following lot coverage regulation under General Provisions and Development Standards, General Provisions, subsection C. General Provisions and Development Standards, subsection 2. PD Single-Family Residential, 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- 02, which are limited to the lot coverage at which they were built.. 3 of 4 PASSED, APPROVED AND ADOPTED this 28th day of January 2014 by the following vote: AYES: Bhuthimethee, Goel, O'Keefe, Do, Kohli NOES: ABSENT: ABSTAIN: AOWN 4044-- Plannayeom Chair ATTEST: Assis an mmunity Development Director G:IPA#120131PLPA-2013-00067 California Creekside PD Amendment CUPIPC 1.28.14IPC Reso CA Creekside CUP.docx 4 of 4