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HomeMy WebLinkAboutOrd 18-03 AmdZoneMapYaraRnchORDINANCE NO. 18 - 03 AN ORDINANCE OF THE cITY COUNCIL OF THE CITY OF DUBLIN AMENDING THE ZONING MAP TO REZONE PROPERTY TO A PLANNED DEVELOPMENT (PD) ZONING DISTRICT AND APPROVING A RELATED STAGE 1 DEVELOPMENT PLAN AMENDMENT ANI) STAGE 2 DEVELOPMENT PLAN FOR APPROXIMATELY 64.39 ACRES WEST OF TASSAJARA ROAD NORTH OF THE CASTERSON PROPERTY PA 02-048 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 rezone the following property ('the Property") to a Planned Development (PD) Zoning District: Approximately 64.39 acres on the west side of Tassajara Road, north of the Casterson development in the Eastern Dublin Specific Plan area, known as the Yarra Yarra Ranch and more specifically described as Tract 7075 Lots 1 through 131, Parcels A through K. A map of the rezoning area is shown below: SECTION The regulations of the use, development, improvement, and maintenance of the Property are set forth in the amended Stage 1 DevelOPment Plan transferring units from Phase'III to Phase IV and the Stage 2 Development Plan for Phases III and V, (Exhibit(s) A-1 and A-2) which are hereby approved. Any amendments to Stage 1 or Stage 2 Development Plans shall be in accordance with section 8.32.080 of the Dublin Municipal Code or its successors. SECTION Except as provided in the Stage 1 Developmem Plan, as amended, for the entire Greenbfiar Tassajara Creek residential project and the Stage 2 Development Plan for Phases III and V, the use, development, improvement and maintenance of the Property shall be governed by the provisions of the Dublin Zoning Ordinance. SF. CTION 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 36953 of the Government Code of the State of California. PASSEDAND ADOPTED by the City Council of the City of Dublin this 2nd day of December, 2003, by the following votes: AYES: Couneilmembers MeCormiek, Oravetz~ Sbranti and Mayor Loekhart NOES: Councilmember Zika ABSENT: None ABSTAIN: None ATTEST.5~F~ ~ ~ K2/G/12.2-03/ord-greenbriar-yarm.doc (Item 6. 2) STAGE 1 DEVELOPMENT PLAN FOR PHASES I-V STAGE 1 AND STAGE 2 DEVELOPMENT'PLAN FOR PHASE I PLANNED DEVE! OPMENT REZONE (PA 98-062) GREENBRIAR LAND COMPANY TASSAJARA CREEK Tract 7075 As Amended by PA 024148 This is a Development Plan pursuant to Chapter 8.32 of the Dublin Ordinance for the Greenbriar Land Company Tassajara Creek development located on Yarra Yarra Ranch on the west side of Tassajara Road, north of the Casterson Development. The Development Plan consists of: A Stage 1 Development Plan for the entire development, Phases I-V, as amended by PA 02-048. A Stage 1 and 2 Development Plan for Phase 1 The Stage 1 Development Plan meets the requirements of Section 8.32.040.A of the Zoning Ordinance and consists of the following: 2. 3. 4. 5. 6. 7. 8. Statement of proposed uses. Interim uses. Stage 1 Site Plan, Site area, proposed densities and phasing plan. Master Neighborhood Landscaping Plan. General Plan and Specific Plan consistency. Inclusionary Zoning Regulations. Aerial Photo. The Stage 1 and 2 Development Plan for Phase I meets the requirements of Section 8.32.040.B of the Zoning Ordinance and consists of the following: 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Statement of compatibility with the Stage 1 Development Plan. Statement of proposed uses. Stage 1 and 2 Site Plan. Site area, proposed densities and phasing plan. Development regulations. Architectural standards. Preliminary Landscaping Plan. Dublin Zoning Ordinance - Applicable Requirements. School Mitigation Agreement. Creek improvements. Compliance with PUD plans EXHIBIT A-1 TO ATTACHMENT 1 STAGE 1 DEVELOPMENT PLAN (AS AMENDED BY PA 02'048) 1. Statement of proposed uses~ A. PD - Medium Density Residential Permitted Uses: Phases 1, 2, 4 and 5 a. Single-family dwellings. Phase 3- and 4 a. Single-family dwellings. b. Multi-family dwellings. Conditional Uses: Phases 1, 2, 4 and 5. As provided for in the regulations and procedures of the R-1 Zoning District. Phase 3. As determined by Stage I and 2 Development Plan at a later date. Accessory Uses: Phases 1 -5. As provided for in the regulations and procedures of the Zoning Ordinance. B. PD - Open Space No land uses are permitted in open space parcels designated on the Site Plan and related Tentative Map other than a private water well, a sewer siphon in Phase III, a public trail, a maintenance road and any maintenance activities necessary for the private water well, sewer siphon, public trail, creek or maintenance road. Two bridges may cross the creek but must span any areas designated open space. Two outfalls may be constructed within the creek setback. Interim Uses Lot 129. The Interim Use for Lot 129, approximately 10 acres in the far northeastern comer of the subject property, shall consist of an equestrian center use including a large covered arena with stalls, several barns, a single family residence, up to two accessory living units for ranch-related workers no larger than 1.500 square feet in size, and several other structures such as barns, sheds, and storage units. The future use for this 10-acre parcel shall be Medium Density Residential with up to 7-9 164 units of density. Should the owner of this 1 O-acre equestrian facility wish to develop the property in the future, a maximum of 7-9 164 units will be permitted on the property. Lot 131. Lot 131 is a two-acre parcel at the northwestern comer of the subject property. The allowed use shall consist of a single family home with up to two accessory living units for ranch- related workers no larger than 1,500 square feet in size. The accessory living units may only be constructed by the original owner, Mrs. Marjorie Koller. If the accessory living units are not constructed by Mrs. MarjOrie Koller, they cannot be constructed by any sUbsequent owner. The accessory living units may not be sold separately from the main dw~elling unit on Lot 131. Allowed use for this lot will also include accessory structures such as sheds and storage ~units as regulated by the Zoning Ordinance. Should the owner of Lot ! 30 131 wish to develop this property in the future, a maximum of one unit will be permitted on the property. Stage 1 Site Plan. The Stage 1 Site Plan consists of Sheet PUD 4 of 17 of the project plans dated received September 2, 1999 (hereafter, project plans), as revised by Sheet 3 of Planned Development Plans dated "received October 10, 2003" for PA 02-048. Site area, proposed densities and phasing plan. PHASE NO. LOT/ MAXIMUM NO. OPEN · ACRES DU'S PD PARCEL DWELLINGS SPACE /AC STAGE PARCEL NO. BY PHASE 1 1-126, A 126 C 18.85 6.68 1 and 2 2 127 & 128 46 D, E 6.47 7.11 1 B,G,H 3 130, J,K ~n~ 108 F 16.19 ~ a" 1 6.67 4 · 129, .1 gg (+2 ACC. DU's) 10 7.9 1 164 164 5 131 1 (+2 ACC. DU's) 2 .5 _1 OPEN SPACE C 0 4.53 1 and 2 OPEN SPACE D, E, F, · 0 6.35 .. 1 TOTAL 445 64.39 6.91 Master Neighborhood Landscaping Plan. PUD Sheets 14 through 16 of 17 of the project plans constitute the Master Neighborhood Landscaping Plan. General Plan and Specific Plan consistency. The proposed Stage 1 Development Plan is consistent with all elements and policies of the Dublin General Plan and the Eastern Dublin Specific'Plan. The project is within, and consistent with, the density range of the Medium Density Residential designation of both the City of Dublin General Plan Land Use Element and Eastern Dublin Specific Plan (as amended). The project conforms to the elements and policies of those plans through the provision of: A) 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. B) Roadways that are consistent with the Circulation Element. C) Adequate public facilities as required by the Schools, Public Lands and Utilities Element. D) Housing as desired by the Housing Element. E) Safe design as required by the Seismic Safety and Safety Element. Inclusionary Zoning Regulations. In accordance with the Inclusionary Zoning Regulations, the Applicant shall be required to provide 5% of all housing to be affordable to those of very low, 10w and moderate incomes or pay an in-lieu fee in the amount and at the times set forth in City Council Resolution 57-97, or other resolution rev/sing the in-lieu fee provisions. The Applicant will not be building any affordable units and has elected to comply with the Inclusionary Zoning Regulations by entering into an Affordable Housing Agreement with the City and by paying in-lieu fees. 8. Aerial Photo. The aerial photo is as shown on PUD Sheet 2 of 17 of the project plans. [Note: PA 02-048 mends only the Stage 1 Development Plan for the entire development. It does not change the Stage 1 and 2 Development Plan for Phase 1 so that portion of the original development plan approval is not set forth in this ordinance amendment but continues to remain in effect as originally adopted.] G:pa98062/Development Plan Revised EXHIBITA-2 PLANNED DEVELOPMENT REZONING STAGE 2 DEVELOPMENT PLAN GREENBRIAR HOMES COMMUNITIES/TASSAJARA CREEK CYARRA YARRA RANCH)- FOR PHASES III AND V (PA 02-048) This is a Development Plan pursuant to Chapter 8.32 of the Dublin Zoning Ordinance for Phases III and V of the Greenbriar Homes Communities/Tassajara Creek (Yarra Yarra Ranch) project, generally located in on the west side of Tassajara Road to the north of the Casterson property and east of Camp Parks. The project site encompasses 22.3 acres located west of Tassajara Creek of property owned by Marjorie Koller, (Yarra Yarra Ranch) within the Eastern Dublin Specific Plan area (APNs: 986-0029-001, -002, - 004, and -005, and Lot 131 of Tract Map 7075). This Development Plan meets all of the requirements for the Stage 2 review of the project. This Development Plan also includes the Aerial Photo, Stage 2 Site Plan, Preliminary Landscape Plan, Land Use Summary Table, Typical Street Sections, Preliminary Grading and Utility Plan, Erosion Control Plan, and Floor Plan and Elevations, consisting of sheets dated "received October 10, 2003," labeled Exhibit A-2 to the Ordinance approving this Development Plan (City Council Ordinance No. 03 - ), and on file in the Planning Division of the Community Development Department. The Planned Development Zoning District allows the flexibility needed to encourage innovative development while ensuring that the goals, policies, and action programs of the General Plan, Eastern Dublin Specific.Plan, and provisions of Section 8.32 of the Zoning Ordinance are satisfied. The Development Plan consists of: A Stage 2 Development Plan for Phases III and V of the property known as the Greenbriar Tassajara Creek Project (Yarra Yarra Ranch), consisting of approximately 22.03 acres. The Stage 2 Development Plan meets the requirements of Section 8.32.040.B of the Zoning Ordinance and consists of the following: 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Statement of compatibility with the Stage 1 Development Plan. Statement of permitted uses. Stage 2 Site Plan. Site area, propgsed densities. Development regulations. Phasing Plan. Dublin Zoning Ordinance - Applicable Requirements Lot Coverage. Architectural Standards. Preliminary Landscaping Plan. Inclusionary Housing Provisions. School Mitigation Agreement. EXHIBIT A-2 TO ATTACHMENT 1 13. 14. Creek Improvements. Consistency with PD Plans. STAGE 2 DEVELOPMENT PLAN Compatibility with the Stage 1 Development Plan & Zoning: This PD Planned Development Zoning District is to provide for and regulate the development of the Greenbriar Homes Communities/Tassajara Creek Phases III and V (Yarra Yarra Ranch Properties) as shown on this Exhibit A-2 (General Plan land use designations include: Single Family Residential and Medium Density Residential), and is compatible with the residential and open space land uses in the approVed Stage 1 Development Plan as amended by PA 02-048. This Stage 2 Development Plan does not address the remaining 10 acres ofYarra Yarra Ranch properties to the east of Tassajara Creek, and identified as Phase IV, Future Medium Density Residential in the Stage 1 Development Plan approved as part of PA 02-048. When an actual development is proposed for the 1 O-acre property in the future, approval of a PD Rezoning and Stage 2 Development Plan, and possibly additional environmental review, for that project Will be required prior to development/construction. 2. Statement of Permitted Uses: The following are uses permitted for this site: A) PD Single Family Residential (Phase V/Lot 131 of Tract 7075) Intent: The Single Family land use designation is established to provide for the development of a 2-acre lot estate unit in the northwest comer of the property. Permitted Uses: Per the R-1 Zoning District Conditional Uses: Per the. R-1 Zoning District .4 ccessory Uses: All Accessory Uses shall be in accordance with Section 8.40 of the Dublin Zoning Ordinance B) PD Medium Density Residential (Phase III) 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) preserve as many as possible of the desirable characteristics of the one-family residential district while Permitting higher population densities; c) ensure adequate light, air, privacy and open space for each dwelling unit; d) minimize traffic congestion and avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the land around them; e) provide necessary space for off-street parking of automobiles and, where appropriate, for off-street loading of tracks; and f) protect residential properties from the hazards, noise and congestion created by commercial and industrial traffic. Permitted Uses: Per the R-1 Zoning District Conditional Uses: Per the R-1 Zoning District Accessory Uses: All Accessory Uses shall be in accordance with Section 8.40 of the Dublin Zoning Ordinance. 0 D) PD Private Open Space (Phase III, Phase V) Intent: To provide private open space for visual quality of the community, enhanced views and areas for wildlife habitat and migration. Permitted Uses: Approximately 11.5 acres of the site lying west of Tassajara Creek shall remain as open space with no development in that area other than a private water well, a sewer siphon, a public trail, a maintenance road and any maintenance activities necessary for the private water well, sewer siphon, bioswale, public trail, creek or maintenance road. Two bridges may cross the creek but must span any areas designated open space, such that all of each bridge structure is beyond the creek top-of-bank, consistent with the approved Stage 1 Development Plan. One outfall may be constructed within the creek setback, as shown on the Stage 2 Site Plan, Sheet 4 of the Project Plans. Stage 2 Site Plan: The Stage 2 Development Site Plan consists of Sheets 3 and 4 of the Project Plans in Attachment 3, dated "received October 10, 2003" (hereafter, Project Plans). Site area, maximum densities. Site consists of 22.3 acres of land on the west side of Tassajara Creek in the property known as the Yarra Yarra Ranch. See attached Project Plans, Sheet 4 for Land Use Summary. Maximum densities for Phases III and V are as shown on Sheet 3 of the Project Plans. On designated Open Space lands where no stmctures are permitted other than those described in #2 above, residential densities are not to be established and the only improvements and construction permitted are shown on the Site Plan, Sheet 4 of the Project Plans. Development Regulations. Residential development regulations have been established to ensure that the proposed buildings and site plan achieve the desired design character and development quality. The regulations set forth the minimum requirements necessary for planning of the property. Refer to the City of Dublin Zoning Ordinance for any regulations not specified below. Single Family Paseo/Cluster Homes (Phase III) Lot Size: 1,610 square feet minimum Front Yard. Setbacks: A. Front pasco wall B. Front of house 4' minimum from center ofpaseo walk 8' minimum from center ofpaseo walk Note: Sectional garage doors with automatic openers are required for all residences. Side Yard Setbacks: Side Yard Setback for Street Side Corner Lot: Building Separation: 7' minimum Rear Yard Setbacks: 5' minimum Building Height: 37' maximum, 3 stories Architectural Projections: Eaves, fireplaces, niches, bay windows, cantilevered floor area (balconies, second floor overhangs, etc.), porches, utility boxes, turrets, other architectural projections and air conditioning equipment may project into one required side Yard, but not closer than 1' from the property line. Parking/Garages: Each unit shall be provided with a two-car garage and one guest parking space. Guest parking may be located on- street or in specifically designated guest parking areas. Single Family Attached Townhomes (Phase HI) Lot Size: 1,280 square feet minimum Front Yard Setbacks: 14 from property line Note: Sectional garage doors with automatic openers are required for all residences. Side Yard Setbacks: 0 Side Yard Setback for Street Side Corner Lot: 5' minimum Building Separation: 0' between each townhome unit in building cluster; minimum 7 ft. separation to other buildings. Rear Yard Setbacks: 7.5' minimum Building Height: 37' maximum, 2 stories Architectural Projections: Parking/Garages: Eaves, fireplaces, niches, bay Windows, cantilevered-floor area (balconies, second floor overhangs, etc,), porches, Utility boxes, turrets, other architectural projections and air conditioning equipment may project into required one side yard, but not closer than 1' from the property line. Each unit shall be provided with a single-car garage, one designated open parking space and one guest parking space. Guest parking may be located on-street or in specifically designated guest parking areas. Single Family Estate Home (Phase V/Lot 131 of Tract 7075) Lot Size: 2 acre minimum Front Yard Setback: 20ft. minimum Side Yard Setbacks: Building Separation: Rear Yard Setbacks: Building Height: Architectural Projections: Parking/Garages: 20 ft minimum adjacent to East Bay Regional Park District lands; otherwise, 10 ft. minimum 7' minimum 20' minimum 35' maximum, 2 stories Eaves, fireplaces, niches, .bay windows, cantilevered floor area (balconies, second floor overhangs, etc.), porches,' utility boxes, turrets, other architectural projections and air conditioning equipment may project up to 3 ft. into required yard. One two-car garage minimum and one guest parking space. Guest parking may be within the driveway or in specifically designated guest parking areas. 0 Phasing Plan: Phases III and V will be developed in one construction phase. Dublin Zoning Ordinance - Applicable Requirements. Except as specifically modified by the provisions of this Planned Development District Rezoning/Development'Plan, all applicable general requirements and procedures of the Dublin Zoning Ordinance shall be applied to thc land uses designated in this Planned Development District Rezoning. Lot Coverage. The allowable maximum lot coverage shall be 45% for the Phase V single-family residential dwelling. The allowable maximum lot coverage shall be 55% for Phase III medium 10. 11. 12. 13. 14. density single family cluster and townhome dwelling units. Architectural Standards. See attached Floor Pla4a. s and Elevations, Architectural Plans Sheets 1 through 16, contained in Attachment 3. Any modifications to the project design shall be substantially consistent with these plans and of equal or superior materials and design quality. Landscaping Plan. Refer to Project Plans, Sheets L-1 through L-4, Preliminary Landscaping Plan and Details. All Project landscaping, monumentation and entry signs shall conform to the Preliminary Landscaping Plans and Details of the Project Plans, except as required to be enhanced by conditions of approval of the Vesting Tentative Map 7414. A Final Landscaping Plan will be required to be submitted and approved prior to building permit issuance. Inclusionary Zoning Ordinance. To satisfy the City's Inclusionary Zoning Ordinance (Dublin Municipal Code Chapter 8.68) and any amendments thereto, for Phases III and V, 12.5%, or 14 dwelling units in the project must be Inclusionary units in accordance with the regulations of the Ordinance. The Applicant/Developer shall construct at least 7.5% of the Inclusionary units in the project, or 8 units, in Phase III, and designate those units as for-sale ("ownership") Inclusionary units affordable to very low-, low-, and moderate-income households, and shall enter into an agreement with the City to impose appropriate resale controls and rental restrictions on the units. In addition, Applicant/Developer shall pay per-unit "in lieu" fees for each remaining Inclusionary unit, or 6 units, required to meet the City's Inclusionary Ordinance standard of affordable units at the time and in the amount set forth in the in-lieu fee resolution in effect at the time of issuance of the building permit. School Mitigation Agreement: Prior to the effective date of any tentative map approval, the developer shall enter into a written school mitigation agreement with the Dublin Unified School District. The mitigation agreement shall establish the level of mitigation necessary, the amount of any school impact fees, the time of payment of any such fees and shall address such similar matters to ensure that the impacts of the project on schools are satisfactorily mitigated. Creek Improvements: Creek improvements shall be completed as part of Phase III and V prior to the occupancy of any dwelling units. Compliance with PD Plans: The project shall substantially comply with the project plans and details shown in Attachment 3 of the Ordinance approving this Development Plan (City Council Ordinance 03- ), except as modified herein or by conditions of approval of the Vesting Tentative Map 7414 for Phase III and/or Site Development Reviews for Phases III or V. G:~PA#X2002\02-024\Stage 2 Development Plan