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Home My WebLink AboutPC Reso05-09 Rec CC Starward Row PD Rez RESOLUTION NO. 05-09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL ADOPT AN ORDINANCE TO APPROVE THE PLANNED DEVELOPMENT (PD) DISTRICT REZONING AND ST AGE 1 AND STAGE 2 DEVELOPMENT PLAN FOR P A 04-006, ENEA PROPERTIES STARWARD ROW PROJECT WHEREAS, the Enea Properties Company LLC, the site property owner, has requested approval of a Planned Development District Rezoning and Stage 1 and Stage 2 Development Plan, in conjunction with Site Development Review, and Vesting Tentative Tract Map 7597, to subdivide a .77- acre parcel (APN 941-0173-002-02) for ten (10) single-family dwellings and related improvements on land generally located north and east of Starward Drive, and north of the Shamrock Shopping Center; and WHEREAS, a completed application the Planned Development (PD) District Rezoning and Stage 1 and 2 Development Plan and for each of the requested actions is available and on file in the Dublin Community Development Department; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the City prepared an initial study consistent with CEQA Guidelines Section 15162 for the Project, including the Planned Development District Rezoning and Stage 1 and 2 Development Plan request, to assess any potential significant environmental impacts which may result fÌ'om the project. Various studies addressing potential traffic and air quality, noise, hazardous materials and waste, and geotechnical impacts were prepared for the project, and mitigation measures were recommended to reduce the identified potential impacts to less-than-significant levels. Based on this, a Mitigated Negative Declaration and accompanying Mitigation Monitoring Plan were prepared, and subsequent incorporation of all mitigation measures recommended by the various studies and the City's standards for construction in the Project design, and further evaluation, has determined that the Project, as designed and proposed, would not result in any significant adverse impacts. All potential environmental impacts have been reduced to a less-than- significant level. The Mitigated Negative Declaration and Mitigation Monitoring Program are proposed for adoption with this Project and are include in the attachments to the Staff report; and WHEREAS, the Planning Commission did hold a public hearing on said application on January 25, 2005; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted to the Planning Commission recommending Planning Commission approval of a Resolution recommending City Council adoption of an Ordinance (in attached Exhibit A) to establish the Planned Development District (PD) Rezoning and Stage 1 and Stage 2 Development Plan (in attached Exhibit A-I) for the Enea Properties Starward Row Residential Proj ect, PA 04-006; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth on January 25,2005; and used their independent judgment. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the Dublin Planning Commission does hereby recommend the City Council make the following findings and determinations regarding said proposed Planned Development District Rezoning and Development Plan: I. The Planned Development District (PD) Rezoning is consistent with the general provisions, intent and purpose of the Planned Development Zoning District of the Zoning Ordinance, Chapter 8.32. The Planned Development Rezoning will be appropriate for the subject property in terms of setting forth the purpose, applicable provisions of the Dublin Zoning Ordinance, range of permitted and conditionally permitted uses and Development Standards as established in the Development Plan in attached Exhibit A-I, which will be compatible with existing commercial, industrial and residential uses in the immediate vicinity, and will enhance development of the general area; and 2. The Planned Development District (PD) Rezoning is consistent with the general provisions, intent, and purpose of the Planned Development District of the Zoning Ordinance, in that it contains all information required by Section 8.32 of the Zoning Ordinance and accomplishes the objectives of Section 8.32.010, A through H, of the Zoning Ordinance; and 3. The Planned Development Rezoning will not have a substantial adverse effect on health or safety or be substantially detrimental to the public welfare or be injurious to property or public improvement, as all applicable regulations will be met and, as conditioned, mitigations described in the Initial Study and Mitigated Negative Declaration have been incorporated into the project, in conjunction with the Conditions of Approval for Vesting Tentative Tract Map 7597 and the associated Site Development Review for the Project, that will reduce potentially significant impacts to a level ofless-than-significant; and 4. The Planned Development District Rezoning will not overburden public services or facilities as all agencies have commented that public services are available and sufficient to meet the needs of the development, and as the Applicant/Developer shall be required to pay fees required by service providers and other fees, including but not limited to, the Public Facilities fee, to share the cost of providing City services to new development; and 5 The Planned Development District Rezoning will be consistent with the policies ofthe Dublin General Plan land use designation of Medium Density Residential because the project will allow development at 14 dwelling units per acre within the density range allowed by this General Plan land use designation, 6.1 - 14.0 dwelling units per acre, and the maximum development under the density range has been evaluated for potential environmental impacts as stated in Finding 3, above; and 6. The Planned Development District Rezoning will create an attractive, efficient and safe environment though development standards contained in the Stage 1 and 2 Development Plan and Project Plans in attached Exhibit A-I, relative to setbacks, building height, minimum lot size, maximum lot coverage; and fences; and 7. The Planned Development District Rezoning will benefit the public necessity, convenience and general welfare as it will develop a compatible residential subdivision in an established residential community, near commercial services, shopping centers, City services such as the Senior Center, and public transportation such as WHEELS bus service; and 8. The Planned Development District Rezoning and the accompanying Site Development Review will be compatible with and enhance the general development of the area as it will be developed pursuant to a comprehensive Stage 1 and 2 Development Plan, containing standards for setbacks, building height, minimum lot size, maximum lot coverage, and fences; and 2 9. The Planned Development District Rezoning will provide an environment that encourages the efficient use of common areas, as well as resources because the design of the shared private street access to the garages ofthe homes will reduce the amount of driveway paving on the site, increasing the land available for outdoor living areas. BE IT FURTHER RESOL VED THAT the Dublin Planning Commission does hereby recommend that the City Council adopt an Ordinance (Exhibit A) approving a Planned Development (PD) District Rezoning and Stage 1 and 2 Development Plan (Exhibit A-I) for PA 04-006, the Enea Properties Starward Row Residential Project, of Attachment 3 of the Staff report and attached hereto, dated January 25,2005, which constitutes the regulations and standards for the use, improvement, and maintenance of the property. PASSED, APPROVED AND ADOPTED this 25th day of January, 2005. AYES: Chair Schaub, Cm. Biddle, Fasulkey, and Wehrenberg NOES: ABSENT: ABSTAIN: Cm. King w¿;i/~ Planning Commission Chairperson ATTEST: ~anager g: \04-006\Planning Commission \pcres- pd. doc 3