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.
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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
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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
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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
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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
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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
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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