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Home My WebLink AboutPC Reso04-64 PA 03-058 Amd to PD Transit Ctr Site B2 DATE: July 8, 2013 TO: File (PA 03-058) CITY OF DUBLINFROM: Luke Sims, Community Development Direc 100 Civic Plaza SUBJECT: Minor Amendment to the Development Plan for Dublin Transit Center Dublin,California 94568 Phone:(925)833-6650 Site B-2 (Ordinance No. 02-05) Fax:(925)833-6651 Background On December 3, 2002, the City Council adopted Ordinance No. 21-02 to rezone an approximately 91-acre area known as the Dublin Transit Center to a Planned Development Zoning District (PA 00-013). Ordinance No. 21-02 also adopted a Stage 1 Development Plan for the Transit Center. Subsequently, on January 18, 2005 the City Council adopted Ordinance No. 02-05 which approved a Stage 2 Development Plan for a portion of the Dublin Transit Center known as Site B-2 (PA 03-058). The adopted Stage 2 Development Plan established, among other things, the development regulations for Site B-2, including lot dimensions and setbacks. The tentative map that created Site B-2 was approved by the Planning Commission on November 9, 2004 (Resolution No.04-065). Ordinance 02-05 includes development regulations for Site B-2 that were intended to be taken directly from the attached Stage 2 booklet that accompanied the Ordinance; however, the apartment community that was constructed on Site B-2 City Council was recently sold and it was discovered that there are inconsistencies between the (925)833-6650 City Manager development regulations in the Ordinance and the Stage 2 booklet. These (925)833-6650 inconsistencies relate to the lot width and depth, and the setbacks along Dublin Community Development (925)833-6610 Boulevard. Economic Development (925)833-6650 The development regulations within Ordinance No. 02-05 specify a lot width of 157 Finance/Admin Services min (925)833-6640 feet and a lot depth of 499 feet, while the Stage 2 booklet (Pg. 10) specifies a Fire Prevention (925)833-6606 Building Depth of 532 feet and a Building Width of 314 feet. Furthermore, the Human Resources (925)833-6605 Ordinance specifies a varying setback of 15-40 feet along Dublin Boulevard, while Parks&Community Services the Stage 2 booklet specifies a varying setback of 10-40 feet (Pg 10). The building (925)556-4500 Police has been constructed and complies with the regulations in the Stage 2 booklet. (925)833-6670 Accordingly, Staff seeks to amend the Planned Development zoning to alleviate the Public lic Works/Engineering (925)833-6630 inconsistencies between Ordinance 02-05 and the Stage 2 booklet. Minor Amendment to a Planned Development(PD)Zoning District Dublin A minor amendment to an adopted Development Plan may be approved bletel administratively by the Community Development Director upon a finding that the 111 I amendment substantially complies with and does not materially change the provisions or intent of the adopted Planned Development Zoning District Ordinance 2011 for the site (DMC 8.32.080). www.dublin.ca.gov Approval The development regulations contained in Ordinance No. 02-05 were taken directly from the Stage 2 booklet, and therefore the two documents were intended to be consistent. Furthermore, the apartment community constructed on Site B-2 was built in accordance with the plans in the approved Stage 2 booklet. The Site B-2 parcel was created prior to adoption of the development regulations and addressed the lot size. The Community Development Director hereby approves a minor amendment to Ordinance No. 02-05, which approved the Stage 2 Development Plan for Dublin Transit Center Site B-2 (PA 03-058). In order to make the development regulations in Ordinance No. 02-05 consistent with the Stage 2 booklet, this minor amendment hereby changes the development regulations in Ordinance No. 02-05 to replace the Lot Dimensions with Building Dimensions (width and depth), and corrects the varying setback distance along Dublin Boulevard. The amended development regulations in Ordinance No. 02-05 shall hereby be stated as follows: Building Dimensions: Building Width: 314 feet along Dublin Boulevard Building Depth: 532 feet along Iron Horse Parkway Setbacks: 10-40 feet (varies) along Dublin Boulevard RESOLUTION NO. 04-64 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL ADOPTION OF STAGE 2 PLANNED DEVELOPMENT ZONING FOR P A 03-058 DUBLIN TRANSIT CENTER SITE B-2 (AVALON BAY COMMUNITIES) LOCATED AT THE SOUTHWEST CORNER OF DUBLIN BOULEVARD AND IRON HORSE P ARKW A Y (APN 986-0001-011-00) WHEREAS, the Applicant, Avalon Bay Communities, has requested approval of Stage 2 Planned Development Zoning for P A 03-058, Dublin Transit Center Site B-2, for the construction of a 305-unit apartment community with 15,000± square feet of retail on approximately ±3.57 acres ofland, located on a portion of Site B of the Dublin Transit Center, within the Eastern Dublin Specific Plan, at the southwest corner of Dublin Boulevard and Iron Horse Parkway; and WHEREAS, the Applicant has submitted a complete application for Stage 2 Planned Development Zoning for the construction of a 305-unit apartment community with 15,000± square feet of retail which is available and on file in the Planning Division; and WHEREAS, the Applicant has submitted project plans in conjunction with the requested entitlement dated October 25,2004 and a Stage 2 Development Plan; and WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines and City environmental regulations require that certain projects be reviewed for environmental impacts and that enviwnmental documents be prepared; and WHEREAS, Pursuant to the California Environmental Quality Act, Staff has recommended that the project be found exempt from CEQA pursuant to Government Code section 65457 for residential projects that are consistent with a specific plan. The Project is within the scope of the Final Environmental Impact Report for the Dublin Transit Center General Plan Amendment, Eastern Dublin Specific Plan Amendment, Stage 1 Planned Development Zoning, Tentative Parcel Map, and Development Agreement (SCH 2001120395) which was certified by City Council Resolution No. 215-02 dated November 19, 2002. This recommendation is based on a determination that there are no supplemental impacts that would require preparation of a Supplemental EIR; and WHEREAS, a public hearing was scheduled before the Planning Commission on November 9, 2004; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted to the Planning Commission describing the project and outlining the issues surrounding the request; and WHEREAS, the Planning Commission did hold a public hearing on said project application on November 9, 2004; and WHEREAS, the Planning Commission did use its independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth; and NOW, THEREFORE, BE IT RESOLVED THAT THE Planning Commission of the City of Dublin does hereby make the following findings and determinations regarding said Stage 2 Planned Development Zoning: A. The proposed amendment will be harmonious and compatible with existing and potential development in surrounding areas. B. The subject site is physically suitable for the type and intensity of the zOnIng district being proposed. C. The proposed amendment will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety, and welfare. D. The proposed amendment is consistent with the Dublin General Plan and Eastern Dublin Specific Plan. E. The proposed Planned Development Zoning District meets the purpose and intent of Chapter 8.32 Planned Development Zoning District of the Dublin Zoning Ordinance. F. Development under the Planned District Development Plan will be harmonious and compatible with existing and future development in the surrounding area. BE IT FURTHER RESOLVED that the Planning Commission does hereby recommend that the City Council approve the Stage 2 Planned Development Zoning in substantially the form attached as Exhibit A for PA 03-058 Dublin Transit Center Site B-2 (Avalon Bay Communities). PASSED, APPROVED AND ADOPTED this 9th day of November 2004. AYES: Cm. Fasulkey, Nassar, King, and Machtmes NOES: ABSENT: Cm. Jennings -{ IIJ L ABSTAIN: ATTEST: // Planning M~ 2