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HomeMy WebLinkAbout8.1 Attch 1 City Council Ord 24-00 ORDINANCE NO. 24 - 00 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING THE ZONING MAP TO PREZONE PROPERTY LOCATED ON THE EAST SIDE OF TASSAJARA ROAD, IN ALAMEDA COUNTY, ADJACENT TO DUBLIN'S NORTHERN CITY LIMITS (APN 986-0002-006-01, 005-01 AND 005-02) TO A PLANNED DEVELOPMENT ZONING DISTRICT AND ADOPTING A DEVELOPMENT PLAN FOR THE QUARRY LANE SCHOOL(PA-99-064) WHEREAS, the applicant,Dr. Sabri Arac of Quarry Lane School has requested approval of a Planned Development (PD)Prezoning and Annexation of an area of approximately 15 acres generally located north of the City Limits at 6363 and 6237 Tassajara Road within the Eastern Dublin Specific Plan area(APN: 985-0002-006-01, 985-0002-005-01 and 005-02.); and WHEREAS, the applicant has requested approval of a Planned Development Prezone and Development Plan for the development of Phase 2 of Quarry Lane School involving 66,600 square feet of floor area to accommodate new classrooms, a gymnasium and new recreational play fields on approximately 10 acres of land located at 6363 Tassajara Road (APN: 985-0002-006-01) and a Planned Development Prezone for the Kobold property to allow future residential and open space uses on approximately 3.7 acres of land located at 6237 Tassajara Road (APN: 985-0002-005-01 and 005-02.) within the Eastern Dublin Specific Plan area; WHEREAS, the Applicant has submitted a complete application for a Planned Development Prezone (Exhibit A-1), including a Development Plan for the Quarry Lane School(Exhibits A-2 & A-3) as required by Chapter 8.32 and 8.120 of Title 8 of the Dublin Municipal Code which meets the requirements of said Chapter; and WHEREAS, the site will be prezoned to "Planned Development"; and WHEREAS, the potential environmental effects of the proposed project have been previously addressed in the Eastern Dublin Specific Plan EIR(SCH No. 91-103064); and WHEREAS, an Initial Study has been prepared for the project to evaluate site-specific impacts of the project pursuant to CEQA guidelines Section 15168. Based on the Initial Study, a Mitigated Negative Declaration and Mitigated Monitoring Program has been prepared for the project with the finding that with the implementation of Mitigation Measures previously adopted for the Eastern Dublin Specific Plan EIR and with site specific Mitigation Measures contained in the Initial Study,the potential site-specific impacts of the project would be reduced to a level of insignificance. The Eastern Dublin Specific Plan EIR and Initial Study adequately describe the impacts of the project, and there have been no substantial changes or new information that would be outside the scope of the Eastern Dublin Specific Plan EIR; and WHEREAS, a total of four letters commenting on the Mitigated Negative Declaration were received during the public comment period; and WHEREAS, all pertinent comments have been responded to and have become part of the Response to Comments attached as Attachment 9 to the Staff Report for PA 99-064; and ATTACHMENT 1 WHEREAS,the Planning Commission did hold a properly noticed public hearing on said applications on August 8 and 22, 2000, and did adopt a Resolution recommending that the City Council approve a Planned Development Prezone and Development Plan for Quarry Lane School and a Planned Development Prezone for the Kobold Property (PA 99-064); and WHEREAS, a properly noticed public hearing was held by the City Council on November 21, December 5, and December 19, 2000; and WHEREAS, a Staff Report was submitted recommending that the City Council approve the application; and - - - - WHEREAS, on December 5, 2000 the City Council adopted a Mitigated Negative Declaration, Mitigation Monitoring Program and Response to Comments for PA 99-064; and WHEREAS, pursuant to Section 8.32.070 and 8.120.050 of the Dublin Municipal Code,the City Council makes the following findings regarding said proposed Planned Development Prezone/Development Plan for Quarry Lane School: 1. The proposed Planned Development Prezone 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 site plan; and 2. The Planned Development Prezone will be appropriate for the subject property in terms of setting 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 and proposed residential and open space uses in the immediate vicinity and will enhance the development of the Specific Plan Area; and 3. The Planned Development Prezone will provide for the development of future phases of the Quarry Lane School on land designated by the Eastern Dublin Specific Plan for Medium Density Residential and Rural Residential/Agricultural land uses. The Eastern Dublin Specific Plan envisions this area denoted as subarea G: Foothill Residential in the Specific Plan to be developed with predominantly residential and open space uses as well as uses including public schools and parks; it is therefore appropriate for schools, both public and private to be located in residential neighborhoods in close proximity to the students they serve;the project is consistent with the general provisions, intent, and purpose of the Eastern Dublin Specific Plan and will contribute towards implementation of said Plan; and 4. The Planned Development Prezone is consistent with the general provisions, intent, and purpose of the PD Zoning District of the Zoning Ordinance in that it contains all information required by Section 8.32 of the Zoning Ordinance and accomplishes the objectives of Section 8.32.010, A through H, of the Zoning Ordinance; and 5. The Planned Development Prezone will provide efficient use of land and will preserve an area of open space and undisturbed hillside along the north and primarily the northeast corner of the property; and will be compatible with and enhance the general development of the area; and will create an attractive, efficient and safe environment and physically suitable for the type and intensity of the zoning and uses proposed, and 6. The Planned Development Prezone will not have a substantial adverse effect 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 7. The Planned Development Prezone will not overburden public services or facilities as all agencies must commit to the availability of Public Services prior to the issuance of any building permits as required by the Eastern Dublin Specific Plan policies and Mitigation Measures; and 8. The Planned Development Prezone will be consistent with the policies of the Dublin General Plan and the Eastern Dublin Specific Plan; and 9. The Planned Development Prezone will benefit the public necessity, convenience and general welfare; and 10. The adopted Eastern Dublin Specific Plan Mitigation Monitoring Program and the additional site specific mitigation measures identified in the Initial Study (Attachment 6 to Staff Report) will apply to the Project, as the reporting and monitoring program required by Public Resources Code 21081.6 for the Project WHEREAS, pursuant to Section 8.32.070 and 8.120.050 and 8.120.110 of the Dublin Municipal Code, the City Council makes the following findings regarding said proposed Planned Development Prezone for the Kobold property: 1. The Planned Development Prezone will be appropriate for the subject property in terms of setting forth the purpose, applicable provisions of the Dublin Zoning Ordinance,range of permitted and conditionally permitted uses, which will be compatible with existing and proposed residential,private school and open space uses in the immediate vicinity and will enhance the development of the Specific Plan Area; and 2. The Planned Development Prezone is consistent with the general provisions, intent, and purpose of the Eastern Dublin Specific Plan because the prezoning will establish land uses and densities allowed by the Specific Plan and will contribute towards implementation of said Plan; and 3. The Planned Development Prezone will provide efficient use of land and will preserve an area designated for open space uses along the southern portion of the property to preserve the creek corridor and provide passive recreational areas;will be compatible with and enhance the general development of the area; and will create an attractive, efficient and safe environment; and 4. The Planned Development Prezone will not have a substantial adverse effect 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 5. The Planned Development Prezone will not overburden public services or facilities as all agencies must commit to the availability of Public Services prior to the issuance of any building permits as required by the Eastern Dublin Specific Plan policies and Mitigation Measures; and 6. The Planned Development Prezone will be consistent with the policies of the Dublin General Plan; and 7. The Planned Development Prezone will benefit the public necessity, convenience and general welfare; and 8. The Planned Development Prezone is within the scope of the Eastern Dublin Specific Plan Final EIR. WHEREAS, the City Council did hear and use their independent judgment and considered all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE,the Dublin City Council 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 prezone the following property("the Property")to a Planned Development Zoning District: Approximately 13.7 acres of land generally located on the east side of Tassajara Road, in Alameda County, adjacent to Dublin's northern city limits at 6363 and 6237 Tassjara Road, more specifically described as Assessor's Parcel Numbers: 985-0002-006-01, 985-0002-005-01 and 005-02. A map of the rezoning area is shown below: VICINITY MAP N.T.S. iy CA��t ee cm umt L P�etr°a9 cm uurr uxe Site & DUBLIN / CIMON ROAD 8 m �z DUBLIN BOUL6YARD w 1-580 a F N pr>a AcANTON SECTION 2. 1. Planned Development Prezone and Stage 1 and 2 Development Plan - Quarry Lane School. The regulations of the use, development, improvement, and maintenance of the Quarry Lane School Property shall be as depicted on the Prezoning Exhibit (Exhibit A-10 hereto) and as set forth in the Stage 1 and 2 Development Plan (Exhibits A-2 & A-3, hereto)which are hereby approved. Any amendments to the Stage 1 and 2 Development Plans shall be in accordance with Section 8.32.080 of the Dublin Municipal Code or its successors. 2. Planned Development Prezone-Kobold property The regulations of the use of the Kobold property shall be as depicted on the Prezoning Exhibit (Exhibit A-1, hereto). Regulations for the improvement, and maintenance of the Kobold property shall be established in a Stage 1 and 2 Development Plan which is required to be submitted in accordance with Section 8.32 of the Dublin Zoning Ordinance. No development shall occur on this property until a Stage 1 and 2 Development Plan has been adopted by the City. The Development Plan shall comply with the policies and requirements of the Eastern Dublin Specific Plan. 3, Planned Development Prezone—Land Use Designations—Kobold property: 1. PD—Medium Density Intent: Medium Density land use designations are established to: a) reserve appropriately located areas for family living in a variety of types of dwellings at a reasonable range of population densities consistent with sound standards of public health and safety;b) ensure adequate light, air, privacy and open space for each dwelling unit and c) accommodate single-family and multi-family housing, including a range of detached, zero-lot line, duplex, townhouse and garden apartment development. Intensity: 6.1 — 14.0 dwelling units per acre Permitted Uses: a. One-family dwellings b. Multi-family dwellings C. Combinations of attached or detached dwellings, zero-lot line units, duplexes, or townhouses d. Accessory structures and uses located on the same site as a permitted use. Conditional Uses: a. Bed and Breakfast Inn b. Boarding House C. Community facility d. Community Clubhouse e. Plant nursery or greenhouse used for the cultivation of plant materials (wholesale only) f. Community care facility large g. Day Care Center h. Large family day care home 2. PD --Open Space Intent: Open Space land use designations are established to provide for the preservation of natural resources, outdoor recreational activities, and public health and safety. Permitted Uses: a. Public and private Open Space uses: including areas for open space preservation of natural resources; outdoor recreation-passive; stream corridor;trails. 3. Interim Agricultural Designnation Intent: Interim agricultural designations shall be established for this property. This interim land use designation allows the existing residential and agricultural uses approved under Alameda County's Zoning Ordinance to remain until such time the landowner of this property applies for a Stage 1 and 2 Development Plan in accordance with Section 8.32 of the Dublin Zoning Ordinance Regulations and Standards Governing the Interim Agricultural Zoning Designation: a. As specifically provided by the Interim Agricultural Designations, all applicable and general requirements of the Dublin Zoning Ordinance shall be applied to this land use designation. b. The Agricultural Districts(A Districts) provisions of the Alameda County Zoning Ordinance shall apply to properties within the Interim Agricultural land use designation. C. All properties with the Interim Agricultural land use designation shall conform to Section 8.140 of the Zoning Ordinance relating to legal non- conforming uses and buildings. 4. Dublin Zoning Ordinance—Applicable Requirements—Kobold property: Except as specifically modified by the provisions of the PD District, all applicable and general requirements of the Dublin Zoning Ordinance shall be applied to this PD District. 5. Dublin Unified School District- Quarry Lane School and Kobold properties: The General Plan Policy 4.1 states that"schools located within the city should be operated by the Dublin Unified School District". It is the intent of the City that the boundaries of the Dublin School District should be coterminous with the City limits. The property owners within this annexation area shall cooperate and actively work with other property owners within the City of Dublin's Sphere of Influence to initiate and complete the detachment process from the Livermore Valley Joint Unified School District and annexation process to the Dublin Unified School District. SECTION 3. Except as provided in SECTION 2. above, the use, development, improvement and maintenance of the Property shall be governed by the provisions of the Dublin Zoning Ordinance. SECTION 4. This Ordinance shall take effect and be enforced thirty(30) days from and after the date of its passage. 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 AND ADOPTED BY the City Council of the City of Dublin, on this 19''day of December, 2000, by the following votes: AYES: Councilmembers Lockhart and Oravetz and Mayor Houston NOES: Councilmembers McCormick and Zika ABSENT: None ABSTAIN: None Mayor ATTEST: City rk K2/G/12-19-00 ord-quany.doc (Item 6.2) g:\PA99-064\rezord.doc I 100X05 3Nr AbbvnO:HOb w.., v."•�rte; t/ VINHOJI'M 'A.LNf100 V03WVIV 'NOlNV8tl3ld d0 Alm % sa�rlaossy uasuaa[`, -IOOHOS .3NV-1 AHHvno ��a88na IISIHX3 ONINOZ-3Hd 1 N a d F w W �i J � �=i � li. I II'�•� ;i�� �.� C DEVELOPMENT PLAN - QUARRY LANE SCHOOL (PA 99-064) This is a Development Plan pursuant to Chapter 8.32 of the Dublin Zoning Ordinance for the Quarry Lane School project, located at 6363 Tassajara Road (APN 985-0002-006-01). This Development Plan meets all of the requirements for Stage 1 and Stage 2 review of the project. This Development Plan is also represented by the, Site, Landscape and Architectural Plans, sheets dated June 14, 2000 labeled Exhibit A-3 to the Ordinance approving this Development Plan (City Council Ordinance No. 00- _), 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, Downtown Dublin Specific Plan, and provisions of Section 8.32 of the Zoning Ordinance are satisfied. 1. Zoning: This PD Planned Development Zoning District is to provide for and regulate the development of a private school. (General Plan land use designations: Medium Density Residential and Rural Residential/Agriculture) 2. Permitted Uses: The following are uses permitted for this site: a. Private School: 1. Kindergarten through High School Grades 2. After school care 3. Recreational Play fields b. Similar and related uses as determined by the Director of Community Development Conditional Uses: All conditional uses in the Dublin Zoning Ordinance for the R-1 Residential Zoning District are conditional uses in this PD/R-1 District. 3. Dublin Zoning Ordinance -Applicable Requirements: Except as specifically modified by the provisions of this PD District Rezone/Development Plan,all applicable general requirements and procedures of the Dublin Zoning Ordinance shall be applied to the land uses designated in this PD District Rezone. 4. Site Plan &Architecture: See attached site and elevation plans contained in Exhibit A- 3, Development Plan. This Development Plan applies to the 10-acre site shown on this plan at 6363 Tassajara Road. Any modifications to the project shall be substantially consistent with these plans and of equal or superior materials and design quality. EXHIBIT A-2 G:\pa99064\devp1an 1 5. Density: The maximum square footage of the proposed development and total number of proposed students under this Development Plan (as shown on the site plan) is as follows: 15, 578 square feet(currently under construction under the jurisdiction of Alameda County) and 66, 685 square feet(proposed); 950 students total (200 kindergarten students, 600 elementary and middle school students and 150 high school students) 6. Phasing PIan. The project will be constructed in one phase. 7. Landscaping Plan. Refer to attached landscaping plan included in Exhibit A-3 , Development Plan, Sheet 7. 8. Development Standards: Lot Size and Dimensions: N/A Front,Rear, and Side Yard Setbacks: Setback standards for this District shall be as shown on the Site Plan in Exhibit A-3, Development Plan. Building Height: 59' maximum, as shown on the elevation plan in Exhibit A-3, Development Plan Floor Area Ratio: The FAR within this district shall not exceed .21 Parking/Garages: Parking shall be provided in accordance with Section 8.76.080 C of the Dublin Zoning Ordinance, as shown on the site plan in Exhibit A-3, Development Plan. In the event that the proposed preliminary road alignment for Tassajara Road is altered, the Applicant shall demonstrate that the site is adequately parked in compliance with the Dublin Zoning Ordinance, prior to the issuance of a Site Development Review permit. 9. Development Agreement: The Applicant/Developer shall enter into a Development Agreement with the City of Dublin, prior to issuance of a building permit, which shall contain, but not be limited to, provisions for financing and timing of on and off-site infrastructure,payment of traffic, noise and public facilities impact fees and other provisions deemed necessary by the City to find the project consistent with, the Eastern Dublin Specific Plan. 10. General Provisions: The developer shall be required to pay a Public Facilities Fee in the amounts and at the times set forth in City of Dublin Resolution No. 60-99, adopted by the City Council on April 6, 1999, or in the amounts and at the times set forth in any resolution revising the amount of the Public Facilities Fee, as implemented by the Administrative Guidelines adopted by Resolution 195-99. G:\pa99064\devp1an 2 � zz C) d y z a w g a. 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