HomeMy WebLinkAbout8.1 Attch 2 Reso approving CUP RESOLUTION NO. 14-xx
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A CONDITIONAL USE PERMIT FOR MINOR AMENDMENTS TO THE
DEVELOPMENT STANDARDS, PLANNED DEVELOPMENT EXHIBITS, LANDSCAPE AND
OPEN SPACE GUIDELINES, AND ARCHITECTURAL CRITERIA FOR THE NIELSEN
PROJECT PLANNED DEVELOPMENT ZONING DISTRICT (PA 07-057)
PLPA-2014-00013
WHEREAS, the Applicant, Scott Roylance of William Lyon Homes, is requesting approval
of Site Development Review and an amendment to the Planned Development Zoning District
Stage 2 Development Plan for the construction of 36 single-family homes on an approximately
10.9 acre site. Vesting Tentative Map 7950, which established the subdivision of the site into
residential lots, was approved by the Planning Commission in 2010. The current project
application is to approve the architectural design of the neighborhood and minor modifications to
the Stage 1/2 Development Plan; 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 project site is located north of Quarry Lane School and south of Silvera
Ranch on the east side of Tassajara Road; and
WHEREAS, the project site is currently occupied by a single-family home and a ranch;
and
WHEREAS, in 2010, the City Council approved a General Plan and Eastern Dublin
Specific Plan Amendment to designate the property for single-family residential uses; and
WHEREAS, the project is located within the Eastern Dublin Specific Plan area, which was
the subject of an Environmental Impact Report for the General Plan Amendment and Eastern
Dublin Specific Plan (SCH # 91103064), certified by the City Council in 1993 via Resolution No.
51-93. The General Plan Amend ment/Specific Plan EIR is a program EIR, which anticipated a
series of subsequent act i ons related to future development in Eastern Dublin and identified
some impacts from implementation of the General Plan Amendment/Specific Plan that could not
be mitigated to less than significant. Upon approval of the Eastern Dublin project, the City
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adapted a statement of overriding considerations for such impacts. The City also adopted a
mitigation-monitoring program, which included numerous measures intended to reduce impacts
from the development of the Eastern Dublin area; and
WHEREAS, a Draft Supplemental EIR (SEIR) (SCH # 2008052117) was prepared for the
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Nielsen Residential Project to assess the potential for the project to cause o r contribute to
significant impacts beyond those identified in the 1993 EIR. The SEIR was certified by the
Dublin City Council via Resolution 74-10 on May 18, 2010. The Nielsen Property SEIR was
prepared in accordance with the California Environmental Quality Act (CEQA) based upon
previous CEQA review of the Eastern Dublin EIR; and
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WHEREAS, a Staff Report, dated June 10, 2014 and incorporated herein by reference,
described and analyzed the Nielsen Residential Project, including the Site Development Review
application and the proposed Conditional Use Permit for the Stage 1/2 Development Plan
amendments, for the Planning Commission; and
WHEREAS, the Planning Commission held a properly noticed public hearing on the
Nielsen Residential Project, including the Site Development Review application and the
proposed Conditional Use Permit for the Stage 1/2 Development Plan amendments, on June
10, 2014, at which time all interested parties had the opportunity to be heard; and
WHEREAS, the Planning Commission did hear and use independent judgment and
considered all said reports, recommendations, and testimony hereinabove set forth.
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 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: the proposed amendments to the
Stage 1/2 Development Plan will not substantially alter the character of the Planned
Development Zoning District as the overall subdivision layout has been determined to be
in conformance with Vesting Tentative Map 7950 by the City Engineer and the
modifications to the development standards are minor in scope and substance.
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: the proposed
amendments to the Stage 1/2 Development Plan to not increase the development
potential of the project area beyond that which is already approved and those standards
that are proposed to be modified are being changed to enable a superior design and
subdivision layout.
C. It will not be injurious to property or improvements in the neighborhood in that: the
proposed amendments to the Stage 1/2 Development Plan to not increase the
development intensity of the project area beyond that which is already approved and
those standards that are proposed to be modified are being changed to enable a superior
design and subdivision layout.
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: the proposed amendments to the Stage
1/2 Development Plan to not increase the development intensity of the project area
beyond that which is already approved and all utilities are going to be able to be provided
in a satisfactory manner.
E. The subject site is physically suitable for the type, density and intensity of the use and
related structures being proposed in that: the proposed amendments to the Stage 1/2
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Development Plan to not increase the development intensity of the project area beyond
that which is already approved.
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: the
proposed amendments to the Stage 1/2 Development Plan to not increase the
development intensity of the project area beyond that which is already approved.
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 proposed amendments to the Stage 1/2
Development Plan will not impact General Plan or Eastern Dublin Specific Plan
consistency.
BE IT FURTHER RESOLVED that the Planning Commission does hereby approve a
Conditional Use Permit to amend the Stage 1/2 Development Plan for the Nielsen Residential
Project Planned Development Zoning District (PA 07-057) as follows:
Exhibit A to this Resolution contains an amended Residential Design Standards Table,
amended Typical Lotting Pattern, and amended PD exhibits numbered PD2-1 through PD2-
4, which are incorporated herein by reference, and which supersedes the Residential Design
Standards Table and amended Typical Lotting Pattern contained in City Council Ordinance
10-21.
Exhibit B to this Resolution contains an amended Landscape and Open Space Guidelines
section, which is incorporated herein by reference, and which supersedes the Landscape
and Open Space Guidelines contained in City Council Ordinance 10-21.
Exhibit C to this Resolution contains an amended Architectural Criteria, Guidelines, and
Styles section, which is incorporated herein by reference, and which supersedes the
Architectural Criteria, Guidelines, and Styles contained in City Council Ordinance 10-21.
PASSED, APPROVED AND ADOPTED this 10th day of June 2014 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chair
ATTEST:
Assistant Community Development Director
G:IPA#120131PLPA-2013-00067 California Creekside PD Amendment CUPIPC 1.28.141PC Reso CA Creekside CUP.docx
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