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HomeMy WebLinkAboutOrd 21-14 Tassajara Highlands Rezone ORDINANCE NO. 21 — 14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * ** * ** * * * * * REZONING THE TASSAJARA HIGHLANDS (FREDRICHNARGAS) PROJECT SITE TO A PLANNED DEVELOPMENT ZONING DISTRICT AND APPROVING A RELATED STAGE 1 AND 2 DEVELOPMENT PLAN PLPA 2012-00051 The Dublin City Council does ordain as follows: SECTION 1. RECITALS A. The Applicant, Tim Lewis Communities and STL Company LLC, proposes to develop 48 single-family detached homes on an 11.11 acre site. The applications include a General Plan/Specific Plan amendment to change the land use designations from Medium-High Density Residential, Neighborhood Commercial and Medium Density Residential to a combination of Medium Density Residential (6.16 acres) and Open Space (3.06 acres) and 1.89 acres of associated road right-of-way. The applications also include a Planned Development rezoning with a related Stage 1 and Stage 2 Development Plan, Site Development Review, and Vesting Tentative Subdivision Map 8133. The proposed development and applications are collectively known as the "Project". B. The Project Site consists of two existing parcels, the approximately 7.93 gross acre Fredrich property located at 6960 Tassajara Road and the approximately 5 gross acre Vargas property at 7020 Tassajara Road (APNs 986-0004-002-01 and 986-0004-002-03). C. To comply with the California Environmental Quality Act (CEQA), the State guidelines and City environmental regulations, the City prepared an addendum to the Eastern Dublin EIR and two prior Mitigated Negative Declarations for the Project. D. Following a public hearing on July 22, 2014, the Planning Commission adopted Resolution 14-37 recommending that the City Council approve the CEQA addendum for the project, Resolution 14-38 recommending approval of the Project General Plan and Specific Plan amendments, and Resolution 14-39, recommending approval of the Planned Development rezoning and related Stage 1 and 2 Development Plan, which resolutions are incorporated herein by reference and available for review at City Hall during normal business hours. E. A Staff Report, September 16, 2014 and incorporated herein by reference, described and analyzed the Project, including the Planned Development rezoning and related Stage 1 and 2 Development Plan, for the City Council. F. On September 16, 2014, the City Council held a properly noticed public hearing on the Project, including the proposed Planned Development rezoning and related Stage 1 and 2 Development Plan, at which time all interested parties had the opportunity to be heard. G. On August 19, 2014, the City Council adopted Resolution 146-14 approving the CEQA addendum and adopting a Statement of Overriding Considerations for the Project. Page 1 of 9 H. On September 16, 2014, the City Council adopted Resolution 159-14 approving General Plan and Eastern Dublin Specific Plan amendments for the Project, which resolutions are incorporated herein by reference and available for review at City Hall during normal business hours. I. The City Council considered the CEQA addendum and related prior CEQA documents and all above-referenced reports, recommendations, and testimony prior to taking action on the Project. SECTION 2: FINDINGS A. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as follows. 1. The Tassajara Highlands Project Planned Development zoning meets the purpose and intent of Chapter 8.32 in that it provides a comprehensive development plan that creates a desirable use of land that is sensitive to surrounding land uses by virtue of the layout and design of the site plan. 2. Development of the Project under the Planned Development zoning and the related Stage 1 and 2 Development Plan will be harmonious and compatible with existing and future development in the surrounding area in that the site will provide residential development consistent with the surrounding development by providing unique floor plan designs and the incorporation of open space components while also being sensitive to the adjacent creek and conservation area. B. Pursuant to Sections 8.120.050.A and B of the Dublin Municipal Code, the City Council finds as follows. 1. The Planned Development zoning for the Project and the related Stage 1 and 2 Development Plan will be harmonious and compatible with existing and potential development in the surrounding area in that the proposed site plan has taken into account sensitive adjacencies and will provide a wide range of amenities to the surrounding neighborhoods. 2. The project site is physically suitable for the type and intensity of the zoning district being proposed in that the Project maintains the general character and density of adjacent development. The project site conditions are documented in the certified Environmental Impact Report (EIR), the environmental impacts that have been identified will be mitigated to the greatest degree possible, and the project will implement all adopted mitigation measures. There are no site conditions that were identified in the EIR that will present an impediment to development of the site for the intended purposes. There are no major physical or topographic constraints and thus the site is physically suitable for the type and intensity of the retail commercial center approved through the Planned Development zoning. 3. The Planned Development zoning 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 project will comply with all applicable development regulations and standards and will implement all adopted mitigation measures. The Project uses are compatible with surrounding uses. Page 2 of 9 4. The Planned Development zoning is consistent with the Dublin General Plan, as amended, and the Eastern Dublin Specific Plan, as amended, in that the proposed residential uses are consistent with the Medium Density Residential land use designations for the site. C. Pursuant to the California Environmental Quality Act, the City Council approved a CEQA addendum and Statement of Overriding Considerations on August 19, 2014, as set forth in Resolution 146-14, which resolution is incorporated herein by reference and available for review at City Hall during normal business hours. SECTION 3: ZONING MAP AMENDMENT Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code the City of Dublin Zoning Map is amended to rezone the property described below to a Planned Development Zoning District: 11.11 acres at 6960 and 7020 Tassajara Road (APNs 986-0004-002-01 and 986-0004- 002-03) ("Project site", or "Property"). A map of the rezoning area is shown below: TASSAJARA HIGHLANDS STAGE I PLANNED DEVELOPMENT PLAN CITY OF DUBLIN, CALIFORNIA MARCH., 20 13 IR;WSED.DECEMBER 26 2013 REVISED MM'22 1014 RFN,4FD JVf✓4 ?Olt .� \�\ �� � TRANSFER PARCEL � ]GJ_/' �',�PFR EJCCHAROL° �� \ Ii-F" y� GBFEMENt" PROPOSED A/W +`\ et i Y DEDICATION V \ • • et ,/� / PROPOSED i ‘\.1%g, MEDIUM DENSITY // '' Ti l RESIDENTIAL ,/ yN MEDIUM DENSITY '�E \ / 1�� RFSDENTIAL M ' \\ i \ I I 1 fit: I �\ .rarrranawnANY \ I t I.wv iar. PROPOSED MEDIUM DENSITY RESIDENTIAL �i mrR amRROw Riot-�r -w-ii C: o z.:- eA OrA.r.s....o....°'SI&IL I Page 3 of 9 SECTION 4. APPROVAL OF STAGE 1 AND 2 DEVELOPMENT PLAN The regulations for the use, development, improvement, and maintenance of the Project site are set forth in the following Stage 1 and 2 Development Plan for the Project area, which is hereby approved. Any amendments to the Stage 1 and 2 Development Plan shall be in accordance with section 8.32.080 of the Dublin Municipal Code or its successors. Stage 1 and 2 Development Plan for the Tassajara Highlands (FredrichNargas) Project This is a Stage 1 and 2 Development Plan pursuant to Chapter 8.32 of the Dublin Zoning Ordinance. This Development Plan meets all the requirements for both a Stage 1 and Stage 2 Development Plan set forth in Chapter 8.32 of the Zoning Ordinance and is adopted as part of the Planned Development rezoning for the Tassajara Highlands project, PLPA-2012-00051. The Planned Development District and this Stage 1 and 2 Development Plan provides flexibility to encourage innovative development while ensuring that the goals, policies, and action programs of the General Plan and provisions of Chapter 8.32 of the Zoning Ordinance are satisfied. 1. Statement of Permitted, Conditional and Accessory Uses. PD — Medium Density Permitted Uses • Accessory structures and uses in accordance with Section 8.40.030 of the Dublin Zoning Ordinance • Combinations of attached or detached dwelling, zero-lot line units, duplexes, townhouses, multi-family dwellings • Home occupation in accordance with Chapter 8.64 of the Dublin Zoning Ordinance • Multi-Family Dwelling Unit • Nursing homes for not more than three patients • Single-family Dwelling Unit Conditional Uses • Accessory structures and uses located on the same site as a conditional use • Assisted living facility • Bed and Breakfast inns • Community clubhouse • Community facilities • Hospital in districts requiring not more than fifteen hundred (1,500) square feet of building site area per dwelling unit • Large family day care homes • Medical or residential care facility (7 or more clients) • Mobile home parks, as regulated by the Dublin Zoning Ordinance • Parking lot, as regulated in the Dublin Zoning Ordinance • Plant nursery or greenhouse used only for the cultivation of plant materials (wholesale only) • Public and Semi-Public Facilities Page 4 of 9 PD Open Space Permitted Uses, including, but not limited to: • Agriculture and grazing • Conservation areas • Public or private infrastructure • Public or private recreation facility- active or passive • Streams and drainage protection corridors • Those uses allowed by the U.S. Army Corps of Engineers under Section 404 and 1600 agreements. • Trails and maintenance roads, including emergency vehicle access • Trail staging area • Other educational or recreational facilities: • Water quality, drainage, and other similar facilities, including swales and basins • Wildlife habitat preservation areas • Other similar uses as determined by the Community Development Director 2. Stage 1 and 2 Site Plan. TASSAJARA HIGHLANDS STAGE II PLANNED DEVELOPMENT PLAN cn,of MIA" CALIF RMA _; maa r L. ' . ' . '' 'Z' I 1 ti,,) ,J "ill 1 r/‘ \1 ,,, .s,\f �;elf 11% /Jt .1 ._1,. ."44 it .. *–'- '—. —'"u*11131110 \ � �r f '� %. .. _ „do..., tiffsr Or" ----At ! iii-„,-• , . r: It v, \ ,.„. ,,,,e. rN-411.117"6"1.14.4;L714.1,:•" ,;/ ..1";:s::',,,I's:1* \\ . .aid �`— +: \ \ w a c) • 1 .. . ...C ). . c\,, 0 R. Li`.f: PA a.�w�.... " Page 5 of 9 3. Site area, proposed densities. Proposed Use Fredrich Vargas Ac % MHDR 0 0 0 0 NC 0 0 0 0 MDR 4.08 2.08 6.16 55.5% OS _ 2.08 .98 3.06 27.5% subtotal Nw 0 1.89 1.89 17% Total 6.16 4.95 11.11 100% The density of the site is 6.92 du/ac 4. Development regulations. SINGLE FAMILY SITE DEVELOPMENT STANDARDS Typical Lot Width 45.0' Minimum Lot Size 3,670 Minimum Street Frontage width @ cul-de-sac 50' Maximum Lot Coverage 55% Maximum Building Height 35' Maximum Stories 2 Minimum Front Yard Setbacks: Living Area 8' Porch/Deck 8' Garage (front facing) 19' Minimum Side Yard Setbacks: First Floor 4' Upper Floors 4' Corner Lot 8' Porch/Deck 4' Encroachments 2' max into required setback Minimum Rear Yard Setbacks to Living Area 8' Usable Private Rear Yard Space 400 sf min. flat area, minimum depth 8.0' Required Parking 2 in garage, 1 guest Notes: 1. Front yard setbacks are measured from the property line which is the back of the sidewalk. 2. 60% of homes backing up to open space or public streets will have a minimum 10' setback at the rear elevation. 3. Two-story homes can have "nested" tirhd floor living space within the roofline. 4. Side yard encroachments may include window bays, chimneys, furring or other architectural projections. A minimum of 3' clear passage must be proved for emergency responders. 5. For lots less than 5,000 square feet in size, mechanical equipment that generates noise (such as swimming pool, spa and air conditioning equipment on the property shall be enclosed as necessary to reduce noise at the property line to a maximum of 50 dBA at any time. Page 6 of 9 5. Phasing Plan. Phase I backbone infrastructure will be installed with the area constructed. The individual homes will be constructed in 5 phases of up to 11 homes per phase. TASSAJARA HIGHLANDS TEMPORARY PHASING PLAN CM OF OWL"CALIFONSA JULY 1, 2014 ' A ..,......„...__ ---..„,...,..i.. ...._,..__;-... _ ......., ,• Sr. 7. , -,.../' 1,■ .'' (V' ',..., N. ,.......... .-'• „ :._..,,..--.....-.'--''''' Soo... ,:,.........*,;* A. \ ......".-- ---'..- =,...:,-27-7.-:-.--..:■-- 0.:'■"-' -,--. ''A \ ......-•_-- ,;...--- — ei.,, \ gm. , , 1: 0,,,,,zw, AlkW ''‘ \ ..,,,. I ,,,.„...--- -- -... -..., •Li,\,, , -- - \ \\\,,,A ..■....• -41-1\th 4r \`s\ '•; -0 ', '',N,, ) z' ,lowlif el \NI.., '''`-a64444.:";'•, .. N..„,,,, ',N\\\A iniip=----- ,8 z ,..94•■■•,..- ... ■ N\ - - A p,--).-__-----__- - - -..... , ,...77 _ -- ---- - -,.....-.....- ...„,...,......._.....„..., \\ ..,..f.- _ \.......- , ,,,,,„........--- `EI47.47' ■s'l *- - ■ ■ '"` I i ''\ / =IL ... .......•■•••••■••1111.11•11 (* :7. =,0=1: os•• ..... C=MMINNIMIMMINISII .1aZia.71.41X0 _ •a. Nam magma _•__as.,•IN .. ........ .... Moe OBS 010.11;*WM Il OM INMOM J■_ 6. Preliminary/Master Neighborhood Landscape Plan. N N 5-, MINIM I=MUM ........ .... ...... 1.1“.11.51.0n 1.1...7. 1=11%.=7670=0,WI• 111/17.1,01M1.10 it.4.1.61W.14 —— ..... . 11441.1701.011.0.11011.7 LI .". , .............. ...... .. . ....... ....- - ——— -— . ..---600"..". .":-4.i.'•.. ' ''' ,,- -.. ,„..,...,::_,•,,-7'.-,, ,„, 4.. cr> - ,,1";",,-4111wcp; %.:..... := —... ioile '..c.,4- ':.- " At ,- '- i.- I ---.... N..„,h.r.-,1107..,:' #. ,410- 7", '4r-7 -,--. (I.., "i4,7 „„--- Att.._ 4-- -- .• ....a'' '06 ;_ii., ' ' lib 1,44, ...4".. , ..,4.>*---,,, •,-", 2 • , . ---. t'‘,..,. s, ', L\ ra,F,T.:„..„__/.-;•,,,,.,,- o,L .t‘d•-;...,,-.:, •-4, ,---uatiittilii--Nc.. s,..-:.,Na***44,`■ .1,' ..=,......14.74t... -/ ' '.., t '' litr iggp, ,,:-„. """.... -'';,,.L.".r..7!".:1""".'w.,.1A,,,,i.../ 44501„,„..,":":":' ....not warm lowri• 1 \ , MAIM,.“10.0111111111.111NIMM 6 MOWN OM MAR fitafflla ... ... CRIAMRD.11017..1102 MK. =LC 1101.111111•01M.139101111[4. 1=1......... ..... = ..... APTW. ...ma;=.7.=::r..:' K. • , •.1 WX,„ 501-114E0e."- - egla....ent.,..= . E. .......----...... -0-7.,....--- •-. 02E4,....,.... - TO 1 : — — , ---....— . ,i, -...,........--- .....„............, ,k,,..„....,„ ---ir- 16, 7114IT 4•01, . Wai Z leiT...4 f I WINNIIIIMIIIIL ...•... .. .... Id TIM LEWIS COMMUNITIES Tassajara Highlands N Dublin, C•liforna Preliminary Landscape Plan i =;,....-.. &Site Details L. Page 7 of 9 7. Architectural Standards. See Exhibit A to this Ordinance. 8. Landscape Standards. See Exhibit B to this Ordinance. 9. Inclusionary Zoning Regulations. The project is subject to Chapter 8.68 of the Zoning Ordinance, Inclusionary Zoning regulations, which require 12.5% of the units as income restricted for sale to low and moderate income households. The developer is required to provide 6 affordable units. An "alternative method of compliance," will be provided in accordance with Section 8.68.040.A. 10. Aerial Photo. TASSAJARA HIGHLANDS PROJECT CONTEXT EXHIBIT JUNE CITY OF DURLIR CAUsORAVA f , /'. r '4 a$j SR.2 PY(1 ' .. `` 11. Applicable Requirements of Dublin Zoning Ordinance. Except as specifically provided in this Stage 1 and 2 Development Plan, the use, development, improvement and maintenance of the property shall be governed by the provisions of the closest comparable Zoning District as determined by the Community Development Director and of the Dublin Zoning Ordinance pursuant to Section 8.32.060.0 except as provided in the Stage 1 and Stage 2 Development Plan. No development shall occur on this property until a Site Development Review permit has been approved for the property. 12. Compliance with adopted Mitigation Measures. The Applicant/Developer shall comply with all adopted mitigation measures of the Eastern Dublin EIR, 2006 and 2007 Mitigated Negative Declarations, as applicable. SECTION 5. PRIOR PD ZONING SUPERSEDED Ordinance No. 10-07 establishing the existing PD zoning is superseded as to the Project site. Page 8 of 9 r SECTION 6. POSTING OF ORDINANCE 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. SECTION 7. EFFECTIVE DATE This Ordinance shall take effect thirty (30) days following its adoption PASSED APPROVED AND ADOPTED this 16th day of September 2014, by the following vote: AYES: Councilmembers Biddle, Gupta, Hart, Haubert, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None leROA' Mayor ATT T: City Clerk Ord No.21-14,Adopted 9-16-14, Item 6.2 Page 9 of 9