HomeMy WebLinkAboutOrd 04-01 TassajaraCreekRezoneORDINANCE NO. 4 - 01
AN ORDINANCE OF THE CITY OF DUBLIN
AMENDING TllE ZONING MAP TO REZONE PROPERTY LOCATED AT
5374 TASSAJARA ROAD (APN: 986-0002-002-02) TO A
PLANNED DEVELOPMENT ZONING DISTRICT AND ADOPTING A
STAGE 2 DEVELOPMENT PLAN FOR PHASE H OF
THE GREENBRIAR HOMES COMMUNITIES, INC. TASSAJARA CREEK
RESIDENTIAL DEVELOPMENT PROJECT (PA 00-036)
WHEREAS, Patrick Costanzo, Jr., on behalf ofMarjorie Koller and Carolyn Adams
(Applicant/Developer), has requested approval of a Planned Development Rezone, Stage 2
Development Plan for Phase II, a Vesting Tentative Map and a Site Development Review (Exhibit A to
Attachment 1 of the 3-20-01 City Council Staff Report) to allow for the subdivision of a 7.96 acre
parcel of land into 46 residential lots and for the construction of 46 single family residential units, with
public and private open space, and a regional trail along the Tassajara Creek stream corridor, in the
Eastern Dublin Specific Plan area; and
WHEREAS, the Applicant/Developer has submitted a Stage 2 Development Plan as required by
Chapter 8.32 of Title 8 of the City of Dublin Municipal Code which meets the requirements of said
Chapter; and
WHEREAS, the City Council approved a General Plan Amendment/Specific Plan Amendment
(Resolution 32 -00); Stage 1 Planned Development Zoning District (Ordinance 7-00); and a Mitigated
Negative Declaration and Mitigation Monitoring Program (Resolution 31-00) for the subject application
on March 7, 2000; and
WHEREAS, the project site will be rezoned from the Stage 1 Planned Development (PA 98-062)
(Ordinance 7-00) to a new Stage 2 Planned Development Zoning District; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA) the City has found
that the project is within the scope of the certified Eastern Dublin Specific Plan Program ElR (Program
EIR) and the approved Mitigated Negative Declaration (MND) for the PA 98-062 Tassajara Creek project.
Both the Program EIR and the MND adequately describes the impacts of the proposed project, and there
have been no substantial changes or new information which would necessitate supplementing the Program
EIR or MND pursuant to Public Resources Code section 21166 and CEQA guidelines Section 15162. The
project as proposed, conditioned and mitigated will not have a significant environmental effect (City
Council Resolution 31 - 00); and
WHEREAS, the Planning Commission did hold a properly noticed public hearing on said
application on March 13, 2001, and did adopt Resolution recommending that the City Council approve the
Planned Development Rezoning and a Stage 2 Development Plan for Phase II for PA 00-036; and
WHEREAS, a properly noticed public heating Was held by the City Council on March 20, 2001;
and
WHEREAS, the Staff Report was submitted recommending that the City Council approve the
application; and
WHEREAS, pursuant to section 8.32.070 and 8.120.050 of the Dublin Municipal Code, the City
Council makes the following findings:
1. The proposed Planned Development Zoning District meets the intent and purpose of
Chapter 8.32 of the Zoning Ordinance because it provides a Stage 2 Development Plan for Phase II of the
Tassajara Creek - Greenbriar Homes Communities, Inc. residential project that will create 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 plan has been designed to be compatible with the
proposed and approved plans in the vicinity, including the Tassajara Creek open space area and regional
trail and future residential homes approved to the east and south of the project. Adequate setbacks and
complementary architectural designs and landscaping proposed in the Stage 1 and Stage 2 Development
Plan for Phase II, have been specially designed to provide an attractive living environment.
2. 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.
3. The proposed Planned Development Rezone, the Stage 2 Development Plan for Tassajara
Creek Phase II, 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 Stage 2 Development Plan for
Tassajara Creek Phase II, have been designed in accordance with the City of Dublin General Plan, Eastem
Dublin Specific Plan and Program EIR and Addenda 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 proposed surrounding land uses.
4. The proposed Stage 2 Development Plan for Tassajara Creek Phase II, 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 the
City of Dublin General Plan Land Use Element and Eastern Dublin Specific Plan (as amended), 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.
WHEREAS, the City Council did hear and use its independent judgment and consider all said
reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE, the City Council of the City of Dublin 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 Zoning
District:
2
Approximately 7.96 acres generally located on Yarra Yarra Ranch on the West side of
Tassajara Road, north of the Casterson development in the Eastern Dublin Specific Planning
area, more specifically described as Assessor's Parcel Number 986-0002-002-02.A map of
the Property is outlined below:
· <~"'~ .............. ~ ',~Pu ges-oom-oo~-m Cre~A~~ ek
....... { ....... , .........................,~.~,,r - Phase II
ii,.~=,~., ~. 'i~:""':"""'-"-,'------.,-:,-.:-:-~..,~:_.~ .........~
! ? '>--": ..........., ~", ---;5/:"""' ............... .: ...........i i
~ . . j~i~.::! .:..i L-, ?':" :::'5 i;'~ i...'.~ :.~ ....~ ~~,, ,,,:~8 ~
.........
-. I1.,1tl/~~ '
2 '
SITE INDEX MAP
SECTION 2.
The regulations of the use, development, improvement, and maintenance of the Property are set
forth in the Stage 2 Development Plan for Phase II, (Exhibit A) which are hereby approved. Any
amendments to Stage 2 Development Plan for Phase II, shall be in accordance with section 8.32.080 of the
Dublin Municipal Code or its successors.
SECTION 3.
Except as provided in the Stage 1 Development Plan for the entire Tassajara Creek residential
project and the Stage 2 Development Plan for Phase II, the use, development, improvement and
maintenance of the Property shall be governed by the provisions of the Dublin Zoning Ordinance.
SECTION 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 36933 of the Government Code of the State
of California.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin this 3ra day of
April~ 2001, by the following vote:
AYES:
NOES: None
ABSTAIN: None
ABSENT: None
Councilmembers Lockhart, McCormick, Oravetz, Zika and Mayor Houston
K2/G/4-3-01/ord-greenbriar. doc (Item 6.3) ·
g:~PA00 036~PD Ordinance
STAGE 2 DEVELOPMENT PLAN
PLANNED DEVELOPMENT lIEZONE (PA 00-036)
TASSAJARA CREEK PHASE II - GREENBRIAR HOMES COMMUNITIES,
INC, - Tract #7279
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, noah of the Casterson Development, The
Development Plan consists of:
1o A Stage 2 Development Plan for Tassajara Creek Phase II,
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,
4o
5,
6o
7o
8o
9,
10o
11.
Statement of compatibility with the Stage 1 Development Plan.
Statement of proposed uses.
Stage 1 and 2 Site Plano
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
STAGE 2 DEVELOPMENT PLAN
Statement of compatibility with the Stage 1 Development Plan.
The Stage 2 Development Plan for the second phase of the Tassajara Creek project is
consistent with the Stage 1 Development Plan that was approved for the entire Tassajara
Creek project (Phase I and II) (PA 98-062)o
Statement of proposed uses.
A° PD - Medium Density Residential
Permitted Uses:
Phase II
a, Single-family dwellings,
Conditional Uses:
1. Phase II
EXHIBIT A
Accessory Uses:
As provided for in the regulations and procedures of the
R-1 Zoning District.
1o Phases II. 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 line, a public trail, a maintenance
road and any maintenance activities necessary for the' private water line, public
trail, creek or maintenance road.
3, Stage 2 Site Plan,
The Stage 2 Site Plan consists of Planned Development Plan Sheet 1 of 58 of the project
plans°
4o Development regulations,
The Development Regulations for the Stage 2 Development Plan are as follows:
Single Family Cluster Homes
Lot Size: 2,700 square feet minimum
Front Yard: Front yard setbacks for detached residences should vary for
Setbacks: visual interest, where possible, along through-streets.
A. Front entry garages 5' minimum
B. Front porch 4' minimum to side yard property line
C. Front ofhouse 8' minimum
(All dimensions shall be from back of right-of-way line.)
Note: Sectional garage doors with automatic openers are required for all
residences.
Side Yard Setbacks: 5' minimum; 3' to garage*
* 3' landscape easement to be granted to adjacent lot
Side Yard Setback for Street Side Corner Lot:
side entry garage with no parking on apron
Building Separation: 10' minimum
Rear Yard Setbacks: Minimum: 15'
8' minimum, 5' minimum to
Accessory Structures: Accessory structure setbacks shall be as stated in the
Dublin Zoning Ordinance:
Building Height: 35' maximum, 2 stories
Architectural Projections: Eaves, fireplaces, niches, bay windows,
cantilevered floor area (balconies, second floor overhangs, etc.), porches,
other architectural projections and air conditioning equipment may project
3' into required side yards, but never closer than 2' from the property line.
There shall be a minimum 36" clear on one side yard.
Residential Massing:
Single story elements are encouraged to break up 2-
story massingo The maximum building height shall
be 35 feet.
Parking/Garages:
Each unit shall be provided with a two-car garage
with minimum 19' x 19' clear area and one guest
parking space, Guest parking may be located on
street or in specifically designated guest parking
areas°
Traditional Single Family Homes
Lot Dimensions: 50' x 79' minimum
Lot Size: 3,950 square feet minimum
Lot width: 50 feet minimum
Lot depth: 79 feet minimum
Front Yard: Front yard setbacks for detached residences should vary for
Setbacks: visual interest, where possible, along through-streets.
Ao From entry garages 18' minimum
B o Front porch 4' minimum to side yard property line
Co Front of house 10' minimum
(All dimensions shall be from back of right-of-way line.)
Note: Sectional garage doors with automatic openers are required for all
residences.
Side Yard Setbacks:
5' minimum
Side Yard Setback for Street Side Corner Lot: 10' minimum
Building Separation:
10' minimum
Rear Yard Setbacks:
Minimum: 10' (15' average)
Accessory Structures: Accessory structure setbacks shall be as stated in the
Dublin Zoning Ordinance°
Building Height: 35' maximum, 2 stories
Architectural Projections: Eaves, fireplaces, niches, .bay windows,
cantilevered floor area (balconies, second floor overhangs, etc.), porches,
other architectural projections and air conditioning equipment may project
3' into required side yards, but never closer than 2' from the property line.
One side yard shall not be obstructed to less than 36 inches,
Residential Mussing: Single story elements are encouraged to break up 2-story
mussing. The maximum building height shall be 35 feet.
Parking/Garages: Each unit shall be provided with a two-car garage with
minimum 19' x 19' clear area and two guest parking spaces. Guest
parking may be located on street or in specifically designated guest
parking areas.
All Development Regulations in the Stage 2 Development Plan are subject to the
requirements of the R-1 Zoning District unless otherwise specified above,
5o Architectural standards.
The architectural standards for the Stage 2 Development Plan are established by the
architectural drawings in the project plans received February 16, 2001,
6. Preliminary Landscaping Plan. o Planned Development Plan Sheets L 1 and L2
constitute the Preliminary Landscaping Plan,
8o Dublin Zoning Ordinance - Applicable Requirements
Except as specifically modified by the provisions of this PD District Rezone, all
applicable general requirements and procedures of the Dublin Zoning Ordinance shall be
applied to the land uses designated in this PD District Rezone.
9. 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.
10. C~eek improvements
Creek improvements shall be completed as par~ of Phase II prior to the occupancy of any
dwelling anits,
11. Compliance with PUD Plans
The project shall s~tbstantially comply with the project plans and details shown in Exhibit
A to Attachment 1 except as modified hereino Such project plans are incorporated by
reference.
g:\pa O0 036XDevelopment Plan