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HomeMy WebLinkAboutPCReso03-50 PA02-048 Rec CC Tassajara Creek/Greenbriar PD RESOLUTION NO. 03 - 50 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THE CITY COUNCIL ADOPT AN ORDINANCE FOR A PD REZONING WITH RELATED STAGE 1 DEVELOPMENT PLAN AMENDMENT FOR PHASES III AND IV AND STAGE 2 DEVELOPMENT PLAN FOR PHASES III AND V OF THE GREENBRIAR HOMES COMMUNITIES, INC. TASSAJARA CREEK RESIDENTIAL DEVELOPMENT PROJECT AND ADOPT A CEQA ADDENDUM (PA 02-048) WHEREAS, Patrick Costanzo, Jr., on behalf of Marjorie Koller and Carolyn Adams (Applicant/Developer), has requested a PD rezoning to amend the Stage 1 Development Plan (DP) for the Greenbriar project to transfer 85 residential units from Phase III to Phase IV, and to approve a Stage 2 DP for development of 108 single family dwelling units in Phase III and one single-family estate home in Phase V, which applications are on file in the Planning Division; and WHEREAS, the Greenbriar property consists of approximately 64.35 acres generally located west of Tassajara Road and north of the Casterson property, Tract 7075 Lots 1 - 131, Parcels A - K, in the Eastern Dublin Specific Plan area; and WHEREAS, the City Council previously approved a General Plan Amendment/Specific Plan Amendment (Resolution 32 -00); PD rezoning/Stage 1 Development Plan for the entire 64.35 acre Greenbriar parcel (Ordinance 7-00); and a related Mitigated Negative Declaration and Mitigation Monitoring Program (Resolution 31 -00) on March 7, 2000, which resolutions and ordinance are incorporated herein by reference; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) the City found that the Eastern Dublin EIR and the MND adequately describe the impacts of the Greenbriar development as approved in 2000 pursuant to CEQA guidelines Section 15162; and WHEREAS, the City prepared an Initial Study to determine if additional review of the current project was required pursuant to CEQA Guidelines section 15162. Based on the Initial Study, the City prepared an Addendum describing minor changes to the previous project and finding that the impacts of the current project have been adequately addressed in the Eastern Dublin EIR and Oreenbriar MND. The Initial Study, Addendum, Eastern Dublin EIR and Greenbriar MND are incorporated herein by reference; and WHEREAS, the Planning Commission did hold a properly noticed public hearing on the project on October 28, 2003; and WHEREAS, a Staff Report was submitted analyzing the project and recommending approval of the applications; and WHEREAS, the Planning Commission considered the Addendum dated October 22, 2003 and the Eastern Dublin EIR and the Greenbriar MND before making a recommendation or taking action on the project. The Planning Commission further used their independent judgment and considered all reports, recommendations and testimony before taking action on the project. NOW, THEREFORE BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this resolution. BE IT FURTHER RESOLVED that pursuant to sections 8.32.070 and 8.120.050 of the Dublin Municipal Code, the Planning Commission hereby finds as follows. 1 .The proposed PD rezoning/Stage 1 DP amendment meets the intent and purpose of Chapter 8.32 of the Zoning Ordinance because the shift in residential units maintains the overall residential use and density of the Greenbriar development, maintains the residential cluster character of the development, with open space protection along Tassajara Creek and design standards for units along the Tassajara Road scenic corridor. 2. The PD rezoning/Stage 2 DP for Phases III and V meets the intent and purpose of Chapter 8.32 of the Zoning Ordinance because it implements the use, density, development patterns and standards established with the original Greenbriar approvals. 3. Both the amended Stage 1 DP and the Stage 2 DP will result in a desirable use of land and an environment that will be harmonious and compatible with existing and potential development in surrounding areas because the site plans have been designed with adequate setbacks, complementary architectural designs and landscaping, and clustering to be compatible with the proposed and approved plans in the vicinity, including the Tassajara Creek open space area and regional trail and existing and future residential homes approved to the east and north of the project and will provide an attractive living environment. 4. The project site is physically suitable for type and intensity of this residential project in that it is flat, has adequate access and is of a sufficient size to provide housing as well as open space for the future residents of the project. 5. The amended Stage 1 DP and proposed Stage 2 DP will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety or welfare because the Development Plans have been designed in accordance with the Dublin General Plan, Eastern Dublin Specific Plan, Eastern Dublin EIR, and the adopted Mitigated Negative Declaration for PA 98- 062. Additionally, project specific analysis has determined that the project's design is sensitive to biological features on site and to existing and proposed surrounding land uses. 6. The amended Stage 1 DP and proposed Stage 2 DP is consistent with all elements and policies of the Dublin General Plan and the Eastern Dublin Specific Plan because the project is within, and consistent with, the density range of the Medium Density Residential designation of both plans, and because it conforms to the elements and policies of those plans through the provision of archaeological and historic protection, erosion and siltation control policies, open space and wildlife habitat protection required by the Land Use, Parks and Open Space and Conservation Elements and the Eastern Dublin Comprehensive Steam Restoration Program, roadways consistent with the Circulation Element, adequate public facilities as required by the Schools, Public Lands and Utilities Element, housing as desired by the Housing Element, and safe design as required by the Seismic Safety and Safety Element. BE IT FURTHER RESOLVED that the Planning Commission hereby recommends that the City Council adopt the attached Ordinance for a PD rezoning with related Stage 1 Development Plan amendment to transfer 85 units from Phase III to Phase IV and with a Stage 2 Development Plan for development of Phases III and V of the Greenbriar development (Exhibit A) and adopt a related CEQA Addendum (Exhibit B). PASSED, APPROVED AND ADOPTED this 28th day of October 2003. AYES: Nassar, King, Fasulkey NOES: ABSENT: Jennings ATTEST: Commonalty Development Director ~lhnning~'C o n[~ ss~'o n C~-' g:\PA00 036\PD Ordinance