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HomeMy WebLinkAbout04-017 StructrAmndmntDubRanch AGENDA STATEMENT PLANNING COMMISSION MEETING DATE: May 11, 2004 SUBJECT: PUBLIC HEARING: PA 04-017 Accessory Structure Amendment to Dublin Ranch Planned Development Zoning Districts - Conditional Use Permit to Amend the Development Plans for Dublin Ranch Phase I (PA 95-030), Dublin Ranch Area A (PA 96-038), and Dublin Ranch Area F North (PA 01-037) to permit one accessory structure up to 120 square feet to be exempt from lot coverage requirements. (Report Prepared by: Kristi Bascom, ~tssociate Planner) ATTACHMENTS: 1. Resolution approving a Conditional Use Permit to Amend the Development Plans for Dublin Ranch Phase I (PA 95-030), Dublin Ranch Area A (PA 96-038), and Dublin Ranch Area F North (PA 01- 037) to permit one accessory structure up to 120 square feet to be exempt from lot coverage requirements 2. Dublin Ranch Map 3. Relevant section of City Council Resolution 12-96: Provisions for a Planned Development District Rezone for Dublin Ranch Phase I; 4. Relevant section of City Council Resolution 139-97: Provisions for a Planned Development District Rezone for Dublin Ranch Area A; 5. Relevant section of City Council Resolution 43-04: Residential Site Development Standards for Dublin Ranch Area F North RECOMMENDATION: 1. Hear Staff presentation. 2. Open Public Hearing. 3. Take testimony from the public. 4. Question Staff and the public. 5. Close the public hearing and deliberate 6. Adopt Resolution (Attachment 5) approving a Conditional Use Permit to Amend the Development Plans for Dublin Ranch Phase I (PA 95- 030), Dublin Ranch Area A (PA 96-038), and Dublin Ranch Area F North (PA 01-037) to permit one accessory structure up to 120 square feet to be exempt from lot coverage requirements PROJECT DESCRIPTION: City Council Resolutions 12-96, 139-97, and 43-04 established Planned Development provisions for Dublin Ranch Phase I (PA 95-030), Area A (PA 96-038), and Area F North (PA 01-037) respectively (Attachment 2). These Resolutions established minimum setbacks, minimum lot sizes, height limits and other design standards for development in these areas. When a standard was not explicitly stated within the provisions of the Planned Development text, the Planned Development Zoning District referred back to the Citywide Zoning Ordinance for the rules and regulations. Such is the case with the regulations regarding accessory structures in these ttu'ee Planned Development areas. No explicit language was included in the site-specific zoning, so the rules regarding constructing accessory structures such as COPIES TO: PA file Interes)~ed parties ITEM NO. sheds, gazebos, patio covers, trellises, arbors, and similar structures were subject to the citywide regulations. The citywide accessory structure regulations stipulate the setbacks required and maximum height permitted for accessory structures. Citywide regulations also stipulate the amount of a residential lot that can be covered with buildings and structures, including accessory structures, which is referred to as the maximum lot coverage. In Dublin Ranch, many of the homes are already built at the maximum lot coverage allowed by the Planned Development Zoning Districts. Since the maximum lot coverage has already been reached, these homeowners are unable to construct any additional square footage on their property, including any accessory structures. The purpose of this amendment is to allow a small amount of additional construction on constrained lots, and exempt one 120 square foot accessory structure from the lot coverage requirements for the Planned Development Zoning Districts. This will allow homeowners to build a small shed, gazebo, patio cover, or other similar structure as long as all other requirements of the Dublin Municipal Code (including minimum setbacks and maximum height) are met. ANALYSIS: The Planned Development provisions for both Dublin Ranch Phase I and Area A contain the requirement that "Development standards within the Single Family land use designation shall conform to the City of Dublin R-1 provisions, unless modified herein" (page 4, Section (C)(2) of Attachment 3; page 5, Section (C)(4) of Attachment 4). All conventional residential zoning districts (i.e., R-l, R-2, and R-M), are regulated by Section 8.36.020(A) of the Dublin Zoning Ordinance which stipulates the maximum lot coverage for single story residences is 40% and two story homes is 35%, which is defined as the maximum lot area that may be covered ~vith buildings and structures. The Planned Development provisions for Dublin Ranch Area F North state that the lot coverage maximum for the homes to be built is 45%. Neither the Planned Development provisions for Dublin Ranch Phase I nor Area A contain any reference to lot coverage calculations, so the following Citywide Zoning Ordinance provisions apply. Section 8.36.100(A) of the Dublin Zoning Ordinance states that "Maximum lot coverage regulations are intended to establish the maximum lot area that may be covered with buildings and structures. Buildings and structures include all land covered by principal buildings, garages and carports, accessory structures, (with the exception of one 120 square foot accessory structure, permitted on lots less than 5, 000 square feet in size, which shall be exempt from the coverage regulatiom9 covered decks and gazebos, and other enclosed and covered areas; but not standard roof overhangs, cornices, eaves, uncovered decks, swimming pools, paved areas such as walkways, driveways, patios, uncovered parking areas or roads." The Residential Site Development Standards for Dublin Ranch Area F North specifically restate the language contained in the Zoning Ordinance: "Maximum lot coverage regulations are intended to establish the maximum lot area that may be covered with buildings and structures. Buildings and structures include all land covered by principal buildings, garages and carports, permitted accessory structures, covered decks and gazebos, and other enclosed and covered areas; but not standard rooJ overhangs, cornices, eaves, uncovered dec/cs', swimming pools, paved areas such as walkways, driveways, patios, uncovered parking areas or roads. (Dublin Zoning Ordinance Section 8. 36.100)" As a result of the size of homes being built in the Dublin Ranch neighborhoods, in most cases, the house itself uses the maximum development potential of the lot and there is no room "left over" for additional structures to be built within the lot coverage restrictions. This leaves homeowners who wish to build an arbor, trellis, shed, gazebo, or other shade structure without the square footage to do so. The City's Code Enforcement Officer is finding that a majority of homeowners are interested in constructing a shade structure in their yard, but are prohibited from doing so. In fact, there are several un-permitted accessory structures being built in Dublin Ranch neighborhoods which meet the minimum setback requirements and are within the height limitations, but increase the lot coverage for the site over what is allowable under the Zoning Ordinance. This City-initiated Conditional Use Permit/Planned Development Zoning District amendment will permit residents to have at least one small shade structure or shed in their rear yard. The Conditional Use Permit would amend the Planned Development Zoning Districts for Phase I, Area A, and Area F North to state that one 120 square foot structure will be exempt from lot coverage requirements on any lot of any size, not just those lots under 5,000 square feet. This amendment would substantially comply with, and not materially change, the provisions or intent of the adopted Planned Development Zoning District Ordinances for the sites, while still allowing homeowners some flexibility. The text proposed to be added to the Dublin Ranch Phase I and Area A Planned Development Zoning Districts is as follows: "Lot coverage. Maximum lot coverage regulations are intended to establish the maximum lot area that may be covered with buildings and structures. Buildings and structures include all land covered by principal buildings, garages and carports, accessory structures (with the exception of one 120 square foot accessory structure, which shall be exempt from the lot coverage regulations as long as it meets all other requirements of the Dublin Municipal Code), covered decks and gazebos, and other enclosed and covered areas; but not standard roof overhangs, cornices, eaves, uncovered decks, swimming pools, paved areas such as walkways, driveways, patios, uncovered parking areas or roads." This text would be added to sections C.2 and C.3 of the General Provisions of City Council Resolution 12-96 (Dublin Ranch Phase I) and section C.4 of the General Provisions of City Council Resolution 139-97 (Dublin Ranch Area A). The Residential Site Development Standards for Dublin Ranch Area F North (Attachment 5) were very recently adopted by the City Council, and the housing units approved as part of the Planned Development Zoning and Site Development Review have not yet been built. However, Staff is proposing to modify this Planned Development Zoning District in the same manner as Phase I and Area A because future residents will likely face the same lot coverage issues and restrictions that the residents of Phase I and Area A are currently facing. The Residential Site Development Standards Chart for Dublin Ranch Area F North (contained in City Council Resolution 43-04) is proposed to be amended in two places: (1) Footnote 10 and (2) Footnote E. Footnote 10 will be revised to state: "Maximum lot coverage regulations are intended to establish the maximum lot area that may be covered with buildings and structures. Buildings and structures include all land covered by principal buildings, garages and carports, permitted accessory structure (with the exception of one 120 square _foot accessory structure, which shall be exempt _from the lot coverage regulations as long as it meets all other requirements of the Dublin Municipal Code), covered decks and gazebos, and other enclosed and covered areas; but not standard roof overhangs, cornices, eaves, uncovered decks, swimming pools, paved areas such as wallovays, driveways, patios, uncovered parking areas or roads." Footnote E will be revised to state: "Setbacks for accessory structures shall be in accordance with the I~.,;I~1;.~ ........ e, zonin~ code in effect at the time of construction~installation. Noise generating uses such as pool and spa equipment shall be acoustically screened or located outside the setback area." Conditional Use Permit Section 8.32.080 of the Dublin Zoning Ordinance provides the ability for the Planning Commission, by means of a Conditional Use Permit, to make minor amendments to adopted Development Plans upon the finding that the amendment substantially complies with the provisions of the Planned Development District. Previous Dublin Ranch Planned Development Amendments On December 10, 2002, the Planning Commission approved a Conditional Use Permit to amend the Phase I and Area A Planned Development Zoning Districts to legalize the status of those residences which were built over the standard lot coverage maximums (35% for two-story homes). At the time of this amendment, the issue of permitting accessory structures on these lots was not forseen, otherwise Staff would have addressed the two issues simultaneously. The proposed accessory structure amendment will not affect those homes that were "legalized" through the 2002 amendment, but it will allow those properties which already exceed the lot coverage standard an additional exemption for one 120 square foot accessory structure. Future Actions Recognizing that this is an issue that future residential developments will likely face, and in the interests of being fair and equitable to homeowners citywide, Staff will recommend an amendment to the Zoning Ordinance that will allow the 120 square foot exemption in every residential zoning district. This issue will likely be brought to the Planning Commission and City Council the next time a group of Zoning Ordinance amendments are being considered. Public Notification Because the number of property owners potentially impacted by this action is greater than 1,000, a public hearing notice was published in the Valley Times and posted at several locations throughout the City. Notices were also sent directly to those persons who have expressed an interest in this issue. To date, the City has not received any objections regarding the proposal. RECOMMENDATION: Staff recommends the Planning Commission Hear Staff presentation, Open Public Hearing, Take testimony from the public, Question Staff and the public, Close the public hearing and deliberate, and Adopt Resolution (Attachment 5) approving a Conditional Use Permit to Amend the Development Plans for Dublin Ranch Phase I (PA 95-030), Dublin Ranch Area A (PA 96-038), and Dublin Ranch Area F North (PA 01-037) to permit one accessory structure up to 120 square feet to be exempt from lot coverage requirements. GENERAL INFORMATION: PROPERTY OWNER: APPLICANT: LOCATION: EXISTING ZONING: GENERAL PLAN DESIGNATION: Various City-initiated action Dublin Ranch Phase 1: East of Tassajara Road and +4,000 feet north of the Interstate 580 Freeway within the Eastern Dublin Specific Plan project area. Also identified by the following Tract Numbers: 6962, 6963, 6964, 6956, 6957, 6958, 6959, 6960, and 6961. Dublin Ranch Area A: East of Tassajara Road and east of Dublin Ranch Phase I within the Eastern Dublin Specific Plan project area. Also identified by the following Tract Numbers: 7136, 7141, and 7142. Dublin Ranch Area F North: North of Central Parkway, south of Dublin Ranch Phase I, east of Tassajara Road, and west of Fallon Road. Also identified by the following Tract Numbers: 7281, 7282, 7283. Planned Development Low Density Residential and Medium Density Residential RESOLUTION NO. 04 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT TO AMEND THE DEVELOPMENT PLANS FOR DUBLIN RANCH PHASE I (PA 95-030), DUBLIN RANCH AREA A (PA 96-038), AND DUBLIN RANCH AREA F NORTH (PA 01-037) TO PERMIT ONE ACCESSORY STRUCTURE UP TO 120 SQUARE FEET TO BE EXEMPT FROM LOT COVERAGE REQUIREMENTS PA 04-017 WHEREAS, the City of Dublin initiated a Conditional Use Permit to make minor amendments to the adopted Development Plans for Dublin Ranch Phase I (PA 95-030), Dublin Ranch Area A (PA 96- 038), and Dublin Ranch Area F North (PA 01-037) to permit one accessory structure up to 120 square feet to be exempt from lot coverage requirements; and WHEREAS, Dublin Ranch Phase I is further identified by the following Tract Numbers: 6962, 6963, 6964, 6956, 6957, 6958, 6959, 6960, and 6961, Dublin Ranch Area A is further identified by the following Tract Numbers: 7136, 7141, and 7142, and Dublin Ranch Area F North is further identified by the following Tract Numbers: 7281, 7282, 7283; and WHEREAS, City Council 12-96 approved the Provisions for a Planned Development District Rezone for Dublin Ranch Phase I, City Council Resolution 139-97 approved the Provisions for a Planned Development District Rezone for Dublin Ranch Area A, and City Council Resolution 43-04 approved the Residential Site Development Standards for Dublin Ranch Area F North; and WHEREAS, the adopted Provisions for Dublin Ranch Phase I, Area A, and Area F North established minimum setbacks, minimum lot sizes, height limits and other design standards for development in these areas. When a standard was not explicitly stated within the provisions of the Planned Development text, the Planned Development Zoning District referred back to the Citywide Zoning Ordinance for the rules and regulations; and WHEREAS, the adopted Planned Development Zoning District Ordinances for Dublin Ranch Phase I (as amended), Area A (as amended), and Area F North state what the maximum lot coverage requirements are in the respective areas; and WHEREAS, Section 8.36.100 of the Dublin Zoning Ordinance defines lot coverage as the maximum lot area that may be covered with buildings and structures; and WHEREAS, many of the homes in Dublin Ranch are already built at the maximum lot coverage allowed by the Planned Development Zoning Districts (as amended). Since the maximum lot coverage has already been reached, homeowners are unable to construct any additional square footage on their property, including any accessory structures; and WHEREAS, Section 8.36.080 of the Dublin Zoning Ordinance allows the Planning Commission by means of a Conditional Use Permit to make minor amendments to an adopted Planned Development, ATTACHMENT I Development Plan by means of a Conditional Use Permit upon a finding that the amendment substantially complies with, and does not materially change the provisions or intent of the adopted Planned Development Zoning District Ordinance for the site; and WHEREAS, the following text will be added to sections C.2 and C.3 of the General Provisions of City Council Resolution 12-96 (Dublin Ranch Phase I) and section C.4 of the General Provisions of City Council Resolution 139-97 (Dublin Ranch Area A): "''Lot coverage. Maximum lot coverage regulations are intended to establish the maximum lot area that may be covered with buildings and structures. Buildings and structures include all land covered by principal buildings, garages and carports, accessory structures (with the exception of one 120 square foot accessory structure, which shall be exempt from the lot coverage regulations as long as it meets all other requirements of the Dublin Municipal Code), covered decks and gazebos, and other enclosed and covered areas; but not standard roof overhangs, cornices, eaves, uncovered decks, swimming pools, paved areas such as walkways, driveways, patios, uncovered parking areas or roads. "; and WHEREAS, the Residential Site Development Standards Chart for Dublin Ranch Area F North (contained in City Council Resolution 43-04) is proposed to be amended in two places: Footnote 10 and Footnote E as follows: 1. Footnote 10 will be revised to state: "Maximum lot coverage regulations are intended to establish the maximum lot area that may be covered with buildings and structures. Buildings and structures include all land covered by principal buildings, garages and carports, permitted accessory structure (with the exception of one 120 square _foot accessory structure, which shall be exempt .from the lot coverage regulations as long as it meets all other requirements of the Dublin Municipal Code), covered decks and gazebos, and other enclosed and covered areas; but not standard roof overhangs, cornices, eaves, uncovered decks, swimming pools, paved areas such as walkways, driveways, patios, uncovered parking areas or roads." 2. Footnote E will be revised to state: "Setbacks for accessory structures shall be in accordance with the bui!di;:g zoning code in effect at the time of construction/installation. Noise generating uses such as pool and spa equipment shall be acoustically screened or located outside the setback area. "; and WHEREAS, this project is part of the Eastern Dublin Specific Plan which was adopted in 1994 and has a certified Program EIR (SCH No. 91-103064). Pursuant to the California Environmental Quality Act (CEQA), CEQA Guidelines Section 15182, the proposed project is within the scope of the Final Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan, which was certified by the City Council by Resolution No. 51-93 and the Addenda dated May 4, 1993 and August 22, 1994 (the "EIR").; and WHEREAS, the Planning Commission did hold a public hearing on said application on May 11, 2004, for this project; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted recommending that the Planning Commission approve, the Conditional Use Permit to make minor modification to the adopted Development Plans for Dublin Ranch Phase I, Area A, and Area F North; and WHEREAS, the Planning Commission did hear and use their independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE Planning Commission of the City of Dublin does hereby make the following findings and determinations regarding the proposed Conditional Use Permit: Co Do Uo Fo G° The proposed amendment substantially complies with and does not materially change the provisions and intent of the adopted Planned Development Zoning District Ordinances and/or the Site Development Review approvals for the three areas and is compatible with other land uses, transportation and service facilities in the vicinity. The proposed amendment will not allow additional development potential in terms of new or larger housing units, only a 120 square foot accessory structure in the rear yard that is subject to all other requirements of the Dublin Municipal Code. The proposed amendment will not adversely affect the health or safety of persons residing or working in the vicinity, and will not be detrimental to the public health, safety and welfare because is will not allow additional development potential in terms of new or larger housing units. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the amendment would not be detrimental to the public health, safety, and welfare. The area is currently developed and no additional development potential in terms of new or larger housing units will result from the proposed amendment. The subject sites are physically suitable for the type, density and intensity of the use and related structures being proposed because setback requirements and height restrictions will still apply to any accessory structures proposed for a lot. If thosc restrictions cannot be met, the structure cannot be legally built, regardless of the lot coverage exemption. The proposed amendment will not be injurious to property or improvements in the neighborhood because any accessory structures will still need to meet all other requirements of the Dublin Municipal Code including minimum setbacks and maximum height requirements. The proposed amendment will not be contrary to the specific intent clauses, development regulations, or performance standards established for the zoning districts in that the amendment does not propose anything contrary to the existing regulations, but it further clarifies said regulations. The proposed amendment is consistent with the Dublin General Plan, Eastern Dublin Specific Plan, and the purpose and intent of the Dublin Zoning Ordinance. BE IT FURTHER RESOLVED THAT THE Planning Commission of the City of Dublin does hereby approve the Conditional Use Permit for PA 04-017 to amend the Development Plans for Dublin Ranch Phase I (PA 95-030), Dublin Ranch Area A (PA 96-038), and Dublin Ranch Area F North (PA 01- 037) to permit one accessory structure up to 120 square feet to be exempt from lot coverage requirements. 3 PASSED, APPROVED AND ADOPTED this 11 th day of May, 2004. AYES: NOES: ABSENT: ATTEST: Planning Commission Chairperson Planning Manager G:\PA#~2004\04-017 Accessory Structure Excemptions - Dublin Ranch\PC Reso.doc 4 PD PA 94-030 Phase I / I AreaA ~ ~fON£ GENERAL PROVISIONS Relevant section of City Council Resolution 12-96: Provisions for a ~ A_ Purpose TNs approval is for a Planned Development (PD) District Rezoning for PA 95-030 Dublin Ranch Phase I. This PD District Rezone that includes a Land Use and Development Plan and District Planned Development Plan is consistent with the initial Planned Development (PD) District Prezone and amends the initial Prezone with more detailed land use and development plan provisions. The PD District Rezone allows the flexibility needed to encourage innovative development while ensuring that the goals, policies and action programs of the General Plan and Eastem Dublin Specific Plan are met. More particularly, the PD District Rezone is intended to ensure the following policies: 1. Concentrate development on less environmentally and vim,ally sensitive or constrained portions of the plan area and preserve significant open space areas and natural and topographic landscape features with minimum alteration of land forms. 2. Encourage innovative approaches to site planning, building design and construction to create a range of housing types and prices, and to provide housing for ali segments of the community. 3. Create an attractive, efficient and safe environment. 4. Develop an environment that encourages social interaction and the use of common open areas for neighborhood or community activities and other amenities. 5. Create an environment that decreases dependence on the private automobile. B. Dublin Zoning Ordinance - Applicable Requirements Except as specifically modified by the provisions of the PD District Rezone, all applicable and general requirements of the Dublin Zoning Ordinance shaI1 be applied to this PD District. C. General Provisions and Development Standards 1. Intent: This approval is for the Planned Development (PD) District Rezone PA 95-030 Dublin Ranch Phase I. This approval rezones 109.8 acres to PD Single Family Residential (570 dwelling units; 5.2 du/ac); 35.7 acres to PD Medium Density Residential (277 dwelling units; 7.8 alu/ac), for a total maximum of 847 dwelling units; and 57.5 acres to PD Open space. The number of dwelling units and mix of dwelling unit types (i.e. ratio of Single Family Residential to Medium Density Residential) can vary under each residential land use category while staying within the approved density ranges. However, the total number of units shall not exceed the maximum number of dwelling units, which is 847. This approval also rezones 5 acres for PD neighborhood park and 2 acres for a private recreational facility. Development shall be generally consistent with the following PD Rezone submittals labeled Exhibit A on file with the Dublin Planning Department: ATTACU ENT District Planned Development Plan, Land Use and Development Plan, comprising the Phase I Site Plan, 20-Scale Plotting Maps, and Boundary and Phasing Plan, prepared by MacKay and Somps, William Hezmalhalch Architects, Inc. and NIJ¥IS dated received August 10, 1995 and November 15, 1995. Dublin Ranch Phase I Architecture and Landscape and Open Space Design Guidelines prepared by MacKay and Somps, William I-lezmalhalch Architects, Inc. and NUVIS dated received August 10, 1995 and November 15, 1995. Single Family Residential: Development standards within the Single Family land use designation shall conform to the City of Dublin K-I District provisions and the PD District Overlay Zone for PA 94-030 Eastern Dublin (City Council Resolution No. 104-94). As thc R-1 District base zone, all the R-I District provisions shall apply, except those superseded by the following provisions. Only detached single family units are allowed in this District. Lot Size: 4,000 sq. ft. minimum Median Lot Width: 50 feet Minimum Lot Frontage: 35 feet Minimum Lot Depth: 80 feet Front yard Depth (setback from back of sidewalk): Minimum 12 feet to porch or living area. Minimum 17 feet to garage, except for side opening garages (minimum 15 feet to side opening garages). Driveways less than 20 feet in length require automatic garage door openers and "roll up" doors Side Yard (setback): Minimum 5 feet to living area - Minimum 10 feet at corner conditions Garages located at the rear halfofa lot have no minimum side yard. Building restrictions for zero lot line structures shall be applied as conditions of Site Development Review approval. Rear Yard (setback): 5 feet minimum. Include a useable yard equal to 10% of the lot size with a minimum dimension of 10 feet in any direction. Garages located in the rear halfofa lot have a 3 foot minimum rear setback. Minimum Building Separation: 10 feet (excluding allowable encroachments). 4 Maximum Building Height: 30 feet or 2 stories at any one point. Medium Density Residential: Development standards for attached and detached units within the Medium Density land use designation shalI conform to the City of Dublin R-S District provisions and the PD District Overlay Zone for PA 94-030 Eastern Dublin (City Council Resolution No. 104-94). As the R-S District base zone, all the R-S District provisions shall apply, except those superseded by the following: Attached Standards: From Yard Depth: Side Yard (setback): Rear Yard (setback): Yard Space: Minimum Building Separation: Maximum Building Height: Detached Standards: Minimum 10 feet to porch or living area. Minimum 5 feet to garage. Minimum 5 feet including encroachments (UBC standards). Minimum I0 feet to living area. Prov/de a useable yard of 150 square feet with a minimum dimension of 10 feet in any direction. Upper floor units shall have a deck of at least 50 square feet with a minimum dimension of 5 feet. 10 feet including encroachments (UBC building standards). 30 feet, or 2.5 stories at any one point. Minimum Lot Size: 2,000 square feet Median Lot Width: 30 feet at building setback; 35 feet at comer conditions Average Lot Depth: Not Applicable Front Yard Depth (setback from back of sidewalk): Minimum 10 feet to porch or living area. Minimum 5 feet to garage without driveway, or greater than 17 feet to garage with driveway, except for side opening garages. Driveways less than 20 feet in length require automatic garage door openers and "rolI up" doors. 5 Side Yard (setback): 3 feet minimum- 6 feet at comer conditions. Garages have 0 foot side yards. Rear Yard (setback): 5 feet minimum. Provide a minimum useable yard of 150 sq. ff. with a minimum dimension of 10 feet in any direction. Garages may have 0 feet rear yards. M~n~num B~ildi~g Separation: 6 feet Garages may be attached. Reciprocal casements may be used to satisfy yard requirements. Maximum Building Height: 30 feet, or 2.5 stories at any one point. Additional Standards: Garages: Parking requirements may be met with tandem garages. Adjacent Uses: Interior side yard setbacks adjacent to common open space, parks, greenbelts and stream corridors shall be a minimum of 10 feet. Encroachment: The following encroachments shall be allowed to project up to 2 feet into yard setbacks: eaves, architectural projections, fireplaces, (including log storage and entertainment niche), balconies, bay windows, window seats, exterior stairs, second floor overhangs, decks, porches and air conditioning equipment. All non-tire rated encroachments must be at least 3 feet from property lines. From Yard Landscaping: The applicant/developer shall install front yard landscaping within all the medium density neighborhoods. Curvilinear Streets: Site design of the individual neighborhoods may vary from that shown in Dublin Ranch Phase I Rezone (PA 95-030) if the number of units in a neighborhood is adjusted or attached units are substituted for detached (in medium density neighborhoods only). However, the concept of curvilinear streets and cul-de-sacs cannot be altered. Architectural Design: Eight distinct architectural styles are described in the Dublin Ranch Phase I Architecture and Landscape and Open Space Design Guidelines and architectural elevations. Any or all of these styles can be utilized in an individual neighborhood. Additional styles can be permitted at Site Development Review if it is determined they would not change the overall character of the Dublin Ranch Phase I plan. BE IT FURTHER RESOLVED THAT THE Dublin City Council approves of PA 95-030 Dublin Ranch Phase I PD Rezone subject to the following conditions: Relevant section of City Council Resolution 139-97: Provisions for a Planned Development District Rezone for Dublin Ranch Area A @ENrERAL PROVISIONS Pu.rpose_ This approval is for a Planned Development ('PD) District Rezone for PA 96°038 Dublin Ranch Area A_ This PD District Rezone includes a Land Use and Development Plan and District Planned Development Plan, which is consistent with the initial Planned Development (PD) District Pre, zone and amends the initial Prezone to provide more detailed land use and development plan provisions. The PD District l~ezone allows the flexibility needed to encourage innovative development while ensuring that the goals, policies and action programs of the General Plan and Eastern Dublin Specific Plan are met. More particularly, the PD District Rezone is intended to ensure adherence to the following policies from the General Plan and Eastern Dublin Specific Plan: 1. Concentrate development on less environmentally and visually sensitive or constrained portions of the plan area and preserve significant open space areas and natural and topographic landscape features with minimum alteration of land forms. 2. Encourage innovative approaches to site planning, building design and construction to create a range of housing types and prices, and to provide housing for all segments of/he community,. Create an attractive, efficient and safe environment. Develop an environment that encourages social interaction and the use of common open areas for neig, hborhood or community activities and other amenities. Create an environment that decreases dependence on the private automobile. Dublin Zonin~ Ordinance - Ar)placable Requirements Except as specifically modified by the Provisions of the PD District Rezone, all applicable and general requirements of the zoning regulations in effect at the time the project components are processed shall apply to this PD District. General Provisions and Development Standards 1. INTENT: This approval is for the Planned Development (PD) District Rezone PA 95-038 Di~blin Ranch Area A_ This approval rezones 135.3 acres to PD Low Density Residential, 71.5 acres to PD Rural Residential Agriculture, and 144.7 acres Open Space, and sets a maximum of 573 dwelling units. The location of land uses, development concepts and standard provisions for this project are illustrated by the Land Use and Development Plan/District Planned Development Plan (LUDP/DPDP) attached as Exhibit B-3, contained in the packet dated "OCTOBER 199T', consisting of the following: a) project description b) land use plan, site plan, ~ design guidelines (including land use and development standards), ATTACHMENT e) design concept pla.ns f') other text and supplemental diagrams, The approval of the Planned Development Rezone incorporates this Land Use and Development PlaniDistrict Planned Development Plan, in accordance with Ordinance 4-94 of the City's Zoning Ordinance, addressing Planned Developments NUMBER OF UNITS: The total number of units for the Dublin Ranch Area A project, as shown on the LUDP/DPDP, shall not exceed a maximum of 573 units, except as described below. The number of dwelling units and mix of densities within each neighborhood may be modified while staying within the approved density ranges. Any units deleted from one neighborhood could be added to other neighborhoods if such a modification was found to be consistent with the Eastern Dublin Specific Plan. However, the maximum number of units for the overall project (PA 96-038) may not be exceeded, except as follows: 1 .) If the project qualifies for a density bonus pursuant to Chapter 8.16 of the Dublin Municipal Code. 2.) If unique development concepts, project design and/or amenities justify an increase, and it is found to be an appropriate modification, pursuant to Section 8-31.18 of Dublin Ordinance 4-94 (requires approval ora Conditional Use Permit). The actual number of homes which are developed could also be affected by circumstances cliscovered as development plans are refined (for example, an unknown landslide). LAND USES: All standard City provisions for the zoning designations and land use provisions shall apply, except those specifically superseded by the attached exhibits, or as ,modified below: The "List of Permitted and Conditional Uses" for KKA contained in the approved PD Rezoning shall be clarified to show that for the "RRA" designation, "Accessory. Structures" related to Residential uses are permitted, but ail "Agricultural Uses" will be designated as Conditional Uses, and '~Farm Buildings" will require a Site Development Review approval, to be consistent with the Dublin Zoning Ordinance as amended. DEVELOPMENT STANDARDS: Except as specifically modified by the Planned Development Ordinance for PA 96-038 and all provisions of PA 94-030 (City Council Resolution 104-94) not modified by PA 96-038, all development in Dublin l~.anch Area A shall be subject to the regulations of the closest comparable zoning designation as determined by the Community Development Director and the Dublin Zoning Ordinance. Design of residential un/ts and/or developments within this project shall be generally cons}stent with the design concept drawings and design guidelines (including the land use and development standards) approved with the LUDP/DPDP. Modifications to building floor plans and styles will be allowed, and additional styles can be permitted at the time of Site Development Review if it is determined by the City that they would not change the overall character of the Dublin Ranch plan. However, the overall size, product type, arch3tectural character, embellishments, and building materials of homes shall be essentially of equivalent or superior quality and design character as described in the Area A design guidelines. Additional standards and conditions applicable to the development are listed in the CONDITIONS OF APPROVAL section below. BE IT FURTfl'E-R RESOLVED THAT THE Dublin City Council hereby adopts PA 96-038 Dublin Ranch Area A PD Rezone subject to the following conditions: CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to final oCCupancy of any building, and shall be subiect to P}~,~rfing Department review and approval. The following code. s represent those depm {ments/agencies responsible for monitoring compliance of the conditions of avvrova3: Pl~nrfing, [B] Building, {-PI Parks and Community Services, [PO] PoLice, [PW'[ Public Works. [ADM~ Administration/City Attorney, [FIN] Finance, ['Fl Alameda County Fire Depm hnent (City of Dublin's Fire Service/Prevention provider), [DSR] Dublin San Ramon Services District, ICC1 Alameda County Flood Control and Water Conservation District [Zone 7]. GENERAL 1. The project approval for the Dublin Ranch Area A PD l~ezone (PA 96-03 g) is represented by the Land Use and Development Plan(L. UDP) and District Planned Development Plan (DPD1)). These Plans incorporate supplemental text and diagrams attached to this resolution, including conceptual architeoture~ landscape and open space design guidelines, as well as specific development standards for the various land uses. These materials along with this resolution establish the standard provisions and conditions of approval for the project. [PL] 2. Prior to obtaining building permits, the applicant must receive Site Development Review (SDK) approval for any development. The materials submitted for Site Development Review shall be in substantial conformance with this PD Rezone amd the Eastern Dublin Specific Plan. Ivfmor modifications to the PD development concept may be allowed without requiring an amended PD Rezone approval. The Community Development Director shall determine conformance or non- conformance and appropriate processing procedures for modifying this PD Rezone (i.e. staff approval, Planning Commission approvaJ of Conditional Use ?ermit, or City Council approval of new PD Rezone). Major modifications, or revisions not found to be ha substantial conformance with this PD Kezone shall require a new PD Rezone. A subsequent PD rezone may address all or a portion of the area covered by this PD Rezone. [PL] 3. Except where specified otherwise within these General Provisions for PA 96-038, development shall comply with the City of Dubtin Site Development Review Standard Conditions [PL], and with the City of Dublin Residential Security Requirements. [PO] 4. Except where specified otherwise, references in these conditions of approval to Tentative Map are meant to refer to the initial tentative subdivision map(s) creating individual lots, and not to the processing of a Master Tentative M_ap, which, as provided for by the Eastern Dublin Specific Plan, is intended for large land holdings, to create larger interim parcels intended for further subdivision at a later date. If one or more Master Tentative Maps are proposed, any such submittal shall bo conspicuously labeled as 'such and shall be accompanied by a written explanation of the purpose and I Relevant section of City Council Resolution 43-04: Residential Site Development Standards for Dublin Ranch Area F North RESIDENTIAL SITE DEVELOPMENT STANDARDS Area F North Single Family Detached Setbacks/Standards iLot Size iMinimumStreet Frontage Low Densi~ Single Family Detached (F2) > 5000 S.F. 5,000 S.F. or greater 35' Medium Densi~- Single Family Detached (Fi) >~ 3150 S.F. - < 5000 S.F. 3,150 S.F. or greater (45 x 70) 35' i Maximum Lot Coverage (s) 45% i 50% Maximum Building Height 35' 38' ,Maximum Stories 2 3 00) ;Minimum Front Yard Setbacks Living Area 15' 2-story (2), 12' single-story 12' Porch 10' 10' Front-on Garage 19' 14) 18' Turn-in Garage 12' (s) NA Minimum Side Yard Setbacks (7) 1 Story to 1 Story 5' - 5' (aggregate 10') 4' mm. (3) 1 Story, to 2 Story, 5' - 7.5' (aggregate 12.5') 4' n4n. (3) 2 Sto~ to 2 Sto~ 7.5'- 7.5' (aggregate 15') 4' mm. (3) Corner Lot (Setback from street 15' 2-stou; (2), 10' single-story i 9' side) 0) Porch I3) 3' N/A Encroachments (ID) (D) Minimum Rear Yard Setbacks (7) (9) 12' avg. per lot, 5' min. (D) Living Space I 15' avg. per lot, 10' mm. Single-story garage space 5' mill. ('D) 2-story garage 0Mng 10' mm. (D) above) 10'mm. ~ Standards For Usable Rear Yards 500 SF mimmum contiguous fiat k00 S.F. mimmum contiguous ,flat Accessory Structures I (E) !Parking Spaces Required 2 covered and ATTACHMEHT [ - / Residential Site Development Standard Dublin Ranch Area F North · December 2003 NOTES: (^) (B) (C) (D) (E) Setbacks measured from property line. See following pages for graphic depiction of above Standards. See Pages II-12 to II-23 of Architectural Guidelines for additional Architectural Treatment requirements. Items such as, but not limited to air conditioning condensers, porches, chimneys, bay windows, media centers, etc. may encroach 2' into the required setback provided a minimum of 36" flat and level area is maintained for access around the house. Setbacks for accessory structures shall be in accordance with the building code in effect at the time of construction/installation. Noise generating uses such as pool and spa equipment shall be acous~ically screened or located outside the setback area. (1) (2) (3) (4) (6) (7) (s) (9) (10) (11) Maximum lot coverage regulations are intended to establish the maximum lot area that may be covered with buildings and structures. Buildings and structures include all land covered by principal buildings, garages and carports, permitted accessory structures, covered decks and gazebos, and other enclosed and covered areas; but not standard roof overhangs, cornices, eaves, uncovered decks, swimming pools, paved areas such as walkways, driveways, patios, uncovered parking areas or roads. (Dublin Zoning Ordinance Section 8.36.100) Subject to Building Code requirements for access. The 3ra floor must be stepped back from front and rear elevation to reduce building mass. Where 50% or more of the elevation of the home is a single story element and there is a 5' minimum offset between the 1st and 2nd story elements, the setback for the single story and 2- story elements shall be considered as that for a single story building. Three car front-on garages are prohibited on lots within the FI Neighborhood. In the F2 Neighborhood, three car front-on garages are hmited to one plan per neighborhood plan package. Refer to Building Mass and Form and Architectural Treatment Sections of the Architectural Design Standards for additional architectural requirements pertaining to garage facade, roof lines, etc. Swing-in garages are prohibited on lots less than 55' wide. Retaining walls up to 3' high may be used to create a level usable area. Retaining walls in excess of 3' to create usable area are subject to review and approval of the Building Official or Community Development and Director of Public Works. Walls over 30" in height are subject to safety criteria as determined by the Building Official. Setbacks subject to review and approval of Building Official for Building Code and Fire Code issues. Setback to building overhang to be 3' minimum or as required by current City Building Code Standards. Where a minimum 5' wide Homeowners Association (HOA) parcel lies between a lot and an adjacent street the adjacent lot is not considered a corner lot. At cul-de-sac bulbs where lot depths are less than the standard 100', minimum rear yard setback requirements may be reduced by an amount equal to 100' minus the actual depth of the lot (i.e. 100' - 90' = 10'). In no case will the rear yard setback be reduced to less than 10'. Curbside parking may be counted toward required number of guest spaces. Tandem garage parking is permitted. 16034-60dc-q2-17-O4NotesRevised. doc I-2 Residential Site Development Standards