HomeMy WebLinkAboutReso 23-18 Disapproving a Stage 2 Development Plan, Site Development Review Permit and Tentative Map RESOLUTION NO. 23 — 18
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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DISAPPROVING A STAGE 2 DEVELOPMENT PLAN, A SITE DEVELOPMENT REVIEW PERMIT
AND TENTATIVE MAP 8437 FOR THE TRANSIT CENTER SITE A-3 PROJECT
APN: 986-0034-009-00 PLPA-2017-00036
WHEREAS, the Applicant, Ashton at Dublin Station, is proposing to construct a residential
project comprised of 220 units, residential amenities including a fitness center, pool, roof top lounge,
and 331 spaces of structured parking on an approximately 2.36-acre site located on Site A-3 in the
Dublin Transit Center. The proposed development and applications are collectively known as the
"Project"; and
WHEREAS, the applications include Planned Development Rezone with a related Stage 2
Development Plan, Site Development Review, and Tentative Map 8437; and
WHEREAS, the Project Site is located at the northwest corner of Campbell Lane and
DeMarcus Boulevard within the Eastern Dublin Specific Plan area, and more specifically within the
Dublin Transit Center Village area; and
WHEREAS, the City's General Plan and the City's Eastern Dublin Specific Plan designate the
Project Site for "High Density Residential" development, which provides for residential development of
25.1 units and above per gross residential acre; and
WHEREAS, the Planned Development Zoning and Stage 1 Planned Development Plan for the
Dublin Transit Center Project, adopted by the City Council pursuant to Ordinance No. 21-02, adopted
December 3, 2002 ("the Original Stage 1 PD"), established the uses, density, and other development
standards and requirements for development of the Project Site among other properties within the
90.65-acre Dublin Transit Center; and
WHEREAS, the Stage 1 PD established the maximum residential density of 49 units per gross
acre, 64 units per net acre, and a maximum of 530 units for the 10.92 gross and 8.29 net acre Site A,
of which the Project Site is a part; and
WHEREAS, the City Council amended the Stage 1 PD in 2011, by Ordinance No. 6-11 ("the
Later Stage 1 PD"), to reduce the net density on Site A to 52 units per net acres and a maximum of
430 units; and
WHEREAS, projects that a public agency rejects or disapproves are statutorily exempt from
the California Environmental Quality Act pursuant to Public Resources Code section 21080(b)(5); and
WHEREAS, a Staff Report, dated November 14, 2017 was submitted to the Planning
Commission recommending City Council approval of the proposed Project; and
WHEREAS, the Planning Commission held a properly noticed public hearing on the project on
November 14, 2017, at which time all interested parties had the opportunity to be heard; and
WHEREAS, the Planning Commission adopted Resolution 17-12 recommending the City
Council adopt an Ordinance approving the Planned Development Rezone with a related Stage 2
Development Plan; and
Reso No. 23-18, Adopted 3/6/2018, Item No. 7.1 Page 1 of 4
WHEREAS, the Planning Commission adopted Resolutions 17-13 and 17-14 recommending
the City Council adopt a Resolution approving the Site Development Review Permit and Tentative
Map; and
WHEREAS, on December 5, 2017, the City Council held a duly noticed public hearing on the
Project at which time all interested parties had the opportunity to be heard; and
WHEREAS, on January 9, 2018 and February 6, 2018, the City Council discussed the Project;
and
WHEREAS, the project was agendized for the February 20, 2018 City Council meeting at
which time it was continued to March 6, 2018; and
WHEREAS, Staff Reports dated December 5, 2017, January 9, 2018, February 6, 2018,
February 20, 2018, and March 6, 2018 and incorporated herein by reference, described and analyzed
the Project; and
WHEREAS, the City Council did hear and use its independent judgment and considered all
said reports, recommendations, and testimony hereinabove set forth before adopting this resolution;
and
NOW, THEREFORE, BE IT RESOLVED that the above recitals are true and correct and made
a part of this resolution.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin hereby disapproves
the proposed Stage 2 Development Plan for the Transit Center Site A-3 Project based on the
following findings and determinations:
1. Pursuant to Section 8.32.070 and 8.120.050 of the Dublin Municipal Code, the City Council
finds as follows:
a. The Project, which the proposed Stage 2 Development Plan anticipates, would be
unharmonious and incompatible with existing and future development in the surrounding
area because:
The proposed Project is inconsistent and incompatible with the Stage 1
Development Plan applicable to the site, despite the requirement of Section
8.32.040.B.1 to demonstrate compatibility with the Stage 1 Development Plan.
The density of the proposed project (92 units per net acre) greatly exceeds the
maximum density of 64 units per net acre established in the Original Stage 1 PD
(a 43.75% increase) and the 52 units per net residential acre established in the
amended Stage 1 PD (a 78.85% increase). Since Sites A-1 and A-2 were
developed at lower densities (18.18 and 56 net units per acre), the density on
Site A as a whole would remain less than the maximum density allowed in the
aggregate. Nonetheless, the City Council concludes that the proposed project
density, being substantially greater than that allowed by the Original Stage 1 PD,
is not consistent or compatible with the Stage 1 PD. Specifically, the proposed
density on the Project site is beyond the scope of the development that was
Reso No. 23-18, Adopted 3/6/2018, Item No. 7.1 Page 2 of 4
anticipated for the Project site when the City Council adopted the Original Stage
1 PD in 2002.
ii. The proposed Project's height, massing and density is out of scale with the
adjacent buildings and the proposed Project's architectural style is incompatible
with adjacent sites.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin, pursuant to Section
8.104.090 of the Dublin Municipal Code, hereby disapproves the proposed Site Development Review
Permit for the Transit Center Site A-3 Project based on the following findings and determinations:
1. The proposal is inconsistent with the purposes of Chapter 8.104 of the Zoning Ordinance
because: 1) The Project's mass, height, and scale is incompatible with the architectural
character and scale of development in the immediate area in which the proposed project is to
be located; and 2) the Project does not comply with the intent and purpose of the Transit
Center Planned Development District in which it is located, for the reasons stated above.
2. The proposal is inconsistent with the provisions of Title 8, Zoning Ordinance because: the
Project, as described above, is not consistent with the Stage 1 Development Plan, the
proposed Stage 2 Development Plan is being disapproved on that basis, and therefore the
proposed Project is inconsistent with the Zoning Ordinance because Section 8.32.030.B
prohibits the City from issuing permits within a Planned Development District unless a Stage 2
Development Plan has been adopted.
3. The design of the project is inappropriate to the City, the vicinity, surrounding properties, and
the lot(s) in which the project is proposed because: the size and mass of the proposed
buildings are inconsistent with other residential development in the immediate vicinity and, as
noted above, not in compliance with the development density/intensity allowed under the
Stage 1 Development Plan.
BE IT FURTHER RESOLVED that the that the Dublin City Council hereby disapproves
Tentative Map 8437 prepared by BKF dated received February 9, 2018 based on the following
finding: The proposed Tentative Map 8437 together with the provisions for its design and
improvements is not in compliance with all the applicable provisions and requirements of the zoning
ordinance because Section 8.32.030.B prohibits the City from issuing permits within a Planned
Development District unless a Stage 2 Development Plan has been adopted.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin hereby makes the
following findings and determinations regarding Government Code section 65589.5(j) (the Housing
Accountability Act): Based upon the above findings and determinations, the proposed housing
development project does not comply with applicable, objective zoning standards and criteria,
including design review standards, in effect at the time that Project's application was determined to be
complete. In particular, the Project cannot be developed without the City's discretionary approval of a
Stage 2 Planned Development Plan, and the City has determined that it cannot make the findings
necessary to approve the proposed Stage 2 Planned Development Plan pursuant to its Zoning
Ordinance requirements for the reasons set forth above. Thus, the Project does not comply with the
City's applicable zoning criteria in effect at the time the Project's application was determined to be
complete.
Reso No. 23-18, Adopted 3/6/2018, Item No. 7.1 Page 3 of 4
PASSED, APPROVED AND ADOPTED this 6th day of March 2018, by the following vote:
AYES: Councilmembers Goel, Gupta and Hernandez, and Mayor Haubert
NOES:
ABSENT:
ABSTAIN:
LA/4-14
ayor
ATTEST:
rCe
City Clerk
Reso No. 23-18, Adopted 3/6/2018, Item No. 7.1 Page 4 of 4