HomeMy WebLinkAbout03-13-2012 - AgendaPlanning Commission
Regular Meeting
City of Dublin March 13, 2012
City Council Chambers 7:00 P.M.
100 Civic Plaza
1. CALL TO ORDER & ROLL CALL
2. PLEDGE OF ALLEGIANCE TO THE FLAG
3. ADDITIONS OR REVISIONS TO THE AGENDA
4. MINUTES OF PREVIOUS MEETINGS – February 14, 2012
5. ORAL COMMUNICATION -
At this time, members of the audience are permitted to address the Planning Commission on any item(s) of interest to the
public; however, no ACTION or DISCUSSION shall take place on any item, which is NOT on the Planning Commission
Agenda. The Planning Commission may respond briefly to statements made or questions posed, or may request Staff to
report back at a future meeting concerning the matter. Furthermore, a member of the Planning Commission may direct
Staff to place a matter of business on a future agenda. Any person may arrange with the Planning Manager (no later than
11:00 a.m., on the Tuesday preceding a regular meeting) to have an item of concern placed on the agenda for the next
regular meeting.
6. CONSENT CALENDAR
7. WRITTEN COMMUNICATIONS
8. PUBLIC HEARINGS
8.1 PLPA-2011-00049 Tralee Townhomes Planned Development Rezone Stage 2 Planned
Development Amendment to revise the land plan to remove the public art feature and a Site
Development Review application for the remaining 53 townhouses which were revised to
comply with the current California Building Code as adopted by the City of Dublin.
9. NEW OR UNFINISHED BUSINESS
10. OTHER BUSINESS:
Brief INFORMATION ONLY reports from the Planning Commission and/or Staff, including
Committee Reports and Reports by the Planning Commission related to meetings attended at City
Expense (AB 1234).
11. ADJOURNMENT
This AGENDA is posted in accordance with Government Code Section 54954.2(a) and Government Code Section 54957.5
If requested, pursuant to Government Code Section 54953.2, this agenda shall be made available in appropriate alternative formats to persons
with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12132), and the federal rules and
regulations adopted in implementation thereof. To make a request for disability-related modification or accommodation, please contact the City
Clerk’s Office (925) 833-6650 at least 72 hours in advance of the meeting.
A complete packet of information containing Staff Reports (Agenda Statements) and exhibits related to each item is available for public review at
least 72 hours prior to a Planning Commission Meeting or, in the event that it is delivered to the Commission members less than 72 hours prior
to a Planning Commission Meeting, as soon as it is so delivered. The packet is available in the Community Development Department.
(OVER FOR PROCEDURE SUMMARY)
STAFF REPORT
PLANNING COMMISSION
DATE: March 13, 2012
TO: Planning Commission
SUBJECT: PUBLIC HEARING: PLPA-2011-00049 Tralee Townhomes; Planned
Development Rezone Stage 2 Planned Development Amendment to
revise the land plan to remove the public art feature and a Site
Development Review application for the remaining 53 townhouses
which were revised to comply with the current California Building Code
as adopted by the City of Dublin
Report Prepared by Mike Porto, Consulting Planner
EXECUTIVE SUMMARY:
The proposed project, Tralee Townhomes, is the final component of the original project. The
original project included 130 condominiums (apartments) and 103 townhouses as well as
approximately 34,950 square feet of commercial retail office. The proposed project is comprised
of the final 53 townhouses. Adoption of the current California Building Code necessitated a
change in the design of the units to meet the newly required accessibility standards. Revised
architecture and floor plans were needed to comply with the Code changes necessitating a new
Site development Review. Additionally, the original Stage 2 Development Plan provided a
location for public art which was to sit on the podium parking structure. Issues with the weight of
the art piece, structural concerns with the podium itself and the actual proposed location were
determined to be problematic and the public art component is proposed to be eliminated.
RECOMMENDATION:
Staff recommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the
public hearing; 3) Take testimony from the Applicant and the public; 4) Close the public hearing
and deliberate; and 5) Adopt a Resolution recommending that the City Council adopt an
Ordinance approving a Planned Development Rezone with a Stage 2 Development Plan
Amendment to revise the public art requirement for the Tralee Mixed-Use development project;
and 6) Adopt a Resolution approving Site Development Review fora 53 townhomes at Tralee
located at 6599 Dublin Boulevard.
Submitted By:
Consulting Planner
Revi ed By
Planning Manager
COPIES TO: Applicant
File
Page 1 of 8 ITEM NO.: •
G:IPA#120111PLPA-2011-00049 Tralee Rezone (Public Art)VPCSR 3.13.12 Tralee.doc
PROJECT DESCRIPTION:
Location & Existing Use
Tralee is located at the northwest corner of Dublin Boulevard and Dougherty Road. The project
site has a General Plan Land Use designation of Mixed Use. The site has the PD Zoning to
allow a new development of townhomes, condominiums and retail/commercial spaces.
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Surrounding Uses
Uses surrounding and adjacent to the project site are described as:
a) To the north: An auto service, retail/commercial center and light industrial uses;
b) To the south: across Dublin Blvd. two retail/commercial centers, a service station and a
recreational vehicle sales lot;
c) To the east across Dougherty Road: a service station and retail/commercial
establishments;
d) To the west: aretail/commercial center and light industrial uses;
Background
The Planning Commission, at their meeting of June 22, 2004, recommended that the City
Council adopt a Mitigated Negative Declaration and Mitigation Monitoring Plan, a General Plan
Amendment to designate the Tralee site for Mixed Use, a Stage 1 and Stage 2 Development
Plan and a Site Development Review and Vesting Tentative Tract Map. The City Council
approved those items at their meeting of July 20, 2004.
The project was originally comprised of 130 condominiums, currently being rented as
apartments, 103 townhouse units and 34,950 square feet of retail/commercial/office with
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common open space, to be developed in two phases. The project began construction in the
summer of 2006 and ultimately the retail/commercial square footage was developed, the 130
condominiums (which included a podium parking structure) were built, as well as 50 of the 103
townhouse units. The condominiums .(apartments) are currently for lease and 35 of the
townhouse units have received final Building Department approval and 15 are partially
complete.
Due to the economic slowdown, the original developer, Pinn Brothers, did not complete the
construction of the townhouse units leaving 53 units within the interior of the project to be
completed. Subsequently, the Site Development Review approval expired and in 2007 The
State of California legislated a change in the Building Code requiring that 10% of amulti-family
project provide accessible units. The original approved design of the units only provided for
garage and storage space on the ground floor. In order for a unit to meet the accessibility
requirements, it must have a bedroom and a powder room effectively "at-grade" so that a
disabled person utilizing a wheelchair can wheel right into the unit. There were no units
designed to accommodate the required accessible units.
The requirement for public art had not been solidified into an Ordinance at the time of the
original approval of Tralee so the developer made a commitment to provide a public art piece in
a location designated on the Stage 2 Development Plan with a value of $35,000.
Subsequently, it was determined that the location of the public art, over the podium parking
structure, was too heavy for the podium structure which was not built to accommodate the
weight. The Applicant has requested an Amendment to the Stage 2 Development Plan to
eliminate the public art piece and pay in-lieu fees of $35,000 for the original commitment.
The Applicant is currently requesting approval of an SDR for 53 townhomes to address
accessibility issues and an Amendment to the Stage 2 Development Plan to eliminate the public
art location and allow for an in-lieu fee to be paid.
ANALYSIS:
Site Develoament Review
Floor Plans:
The change in the Building Code referenced above required that 10% of the units include living
space on the first floor that is easily accessible from an American with Disabilities Act public
walk way (sidewalk). That space has been defined as a bedroom and a powder room. The
majority of the existing townhouse units are all accessed by a minimum of 8 steps making the
first level of the home approximately 4 feet above natural grade. One of the existing plans
incorporated a tandem garage.
The proposed Site Development Review eliminates the steps up to the porch and living area on
3 of the floor plans (UA-1, UB-1 and UB-2) and provides a full bedroom and powder room on the
at-grade level, as well as a standard side-by-side two-car garage. The fourth floor plan (UC-1)
provides the entry at-grade but still requires 16 stairs to reach the living area of the home. This
plan maintains the tandem garage. As previously stated, the Building Code change
necessitated 10% of the units to be accessible. That would be 6 units. The UC-1 unit (non-
accessible) is plotted 12 times (13%) leaving 41 units (77%) as accessible,. far exceeding the
required 10%.
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Building Elevations:
The architecture of the existing project is a contemporary style, which is designed to relate to
the surroundings including the Civic Center buildings and commercial buildings to the west of
the site and the commercial development north of the site. Building surfaces consist of brick and
painted stucco with exposed metal roofs. The architecture detailing, forms and elements of the
mixed-use project are carried through the existing townhouse-style condominiums, as well as in
the Village Green area, so that Tralee becomes a fully integrated project.
Maintaining the overall appearance of the project, when combining the old and new architecture,
was critical. With the proposed elimination of the raised front porches continuity of design was
paramount. The continuation of the building materials, building massing and design elements of
the existing structures was important in order to integrate with the existing constructed project.
The elevations prepared by the SDG Architecture + Engineering for the new project, mirror the
existing architecture with the same use of materials in the same manner although some of the
roof forms have been revised to reflect a more traditional look. This blends well with the existing
architecture. The revised architecture is included in Attachment No 1, "New Architecture" Tab,
Sheets E-1 and E-2. The existing architecture is included in Attachment No 1, "Existing
Architecture" Tab, Sheet B-3E and B-4E. The colors and materials illustration is on Sheet E-3
of Attachment 1.
Site Planning:
Fifty of the townhouse units have been constructed within three buildings facing Sierra Lane and
5 buildings facing an interior paseo. There are 10 new buildings to be constructed in clusters of
4, 5 and 7 units that are arranged to face house entries into paseos and private streets, with
access to each garage from common private drives. Most units now include a small at-grade
patio. Each unit includes two garage spaces. Side elevations are treated with the same level of
detail as the front of the units. Some of the end units include a meter closet with louvered metal
doors painted to match the main building. The affordable units have been integrated within the
center portion of each building. As permitted by the Inclusionary Zoning Ordinance, the units are
smaller (narrower) than the market rate units, but have been designed with the same number of
bedrooms, bathrooms and decks/balconies consistent with the original approval. The sensitive
use of design elements on elevations that face paseos and drives contribute to an overall well-
designed project that is fully integrated with the new and existing architecture.
Landscape/Fence Plan:
The landscape plan presented as a part of this Site Development Review is consistent with the
previous approval with respect to plant material, location of planting areas, planting concepts
and the provision of hardscapes. The only modifications pertain to the front of the units as the
entrances are now at grade rather than raised. Patios on the front of the homes are now level
with the adjacent walkways changing the landscape palette from the approved, which was
intended to screen the structure of the building, to a palette now that will augment and enhance
the patios.
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Public Art:
Pinn Brothers agreed to provide public art valued at $35,000 and indicated a location on the
Stage 2 Development Plan and the Site Development Review. This Applicant is requesting
removal of the requirement which is more fully described below and in-lieu will provide a cash
payment for the agreed upon value. At the time that Pinn Brothers made the offer of the Public
Art, the City had not formalized the Public Art requirement and adopted the Public Art
Ordinance. The proposed location of the art is shown below which is in the already developed
portion of the site.
Stage 2 Development Plan
Sheet L-14 of the original approval, included below, makes reference to the placement of a
"Kinetic Sculpture on an integral color concrete stepped pedestal."
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Pinn Brothers, the original developer of Tralee proposed the public art piece referenced above.
This was prior to the adoption of the formal Ordinance requiring the provision of public art which
is currently suspended until Mary 21, 2012. Pinn Brothers secured the artist, commissioned the
design and took the proposed piece through the City of Dublin Parks and Community Services
Department's procedure in-place at the time for approval. Subsequently, Pinn never completed
the project and later it was determined that the podium structure was inadequate to hold this
heavy art piece.
5 of 8
The Applicant has requested that the public art component be eliminated and replaced by a
$35,000 payment in-lieu of providing public art. The Applicant previously posted a bond for
public art in order to receive occupancy of constructed units. Condition No. 33 of Attachment 2
is a condition relating to the conversion of that bond to cash for payment to the City. As the
Public Art was to be placed over the existing embellish courtyard paving. This paving is already
constructed and, therefore, the elimination of the Public Art component will not leave a deficit in
the site plan.
Because the public art location and a description of the art piece itself was described in the Site
Development Review and on the Stage 2 Development Plan, an Amendment to the Stage 2
Development Plan is necessary.
A Resolution recommending that the City Council adopt an Amended Stage 2 Development
Plan is included as Attachment 3, with the Draft City Council Ordinance included as Exhibit A.
Affordable Housing
The original approval made provisions for affordable housing to be integrated within the center
portion of the buildings (Unit UC-1 ). There are 12 UC-1 units proposed; 10 of which were
designated for affordable housing. The new Site Development Review incorporates these units
in the locations and configurations originally approved as a part of the Affordable Housing
Agreement.
CONSISTENCY WITH THE GENERAL PLAN AND ZONING ORDINANCE:
The area within the proposed project is designated Mixed Use in the General Plan. The site is
zoned PD Mixed Use. Ordinance 22-04 (PA 02-062) approved in 2004 established the Stage
Planned Development zoning and Stage 2 Development Plan which included development
standards. The current Stage 2 Development Plan amendment and Site Development Review
request would be consistent with the General Plan land use designation and Planned
Development zoning as amended.
The proposed project has been reviewed for conformance with the Community Design and
Sustainability Element of the General Plan. The existing mixed use project already approved
has implemented pathways, gathering spaces, open spaces, and a village concept which is
further defined and accentuated by this development. Completion of these 53 townhouse units
will further the goals of the Community Design and Sustainability Element of the General Plan
by providing a high quality of life, interesting and unique urban open spaces and gathering
places and preserving resources and opportunities for future generations.
REVIEW BY APPLICABLE DEPARTMENT AND AGENCIES:
The Building Division, Fire Prevention Bureau, Public Works Department, Dublin Police Services
and Dublin San Ramon Services District reviewed the project and provided Conditions of
Approval where appropriate to ensure that the Project is established in compliance with all local
Ordinances and Regulations. Conditions of Approval from these departments and agencies
have been included in the attached Resolution (Attachment 2).
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NOTICING REQUIREMENTS/PUBLIC OUTREACH:
In accordance with State law, a public notice was mailed to all property owners and occupants
within 300 feet of the proposed project to advertise the project and the upcoming public hearing.
A public notice was also published in the Valley Times and posted at several locations
throughout the City. A copy of this Staff Report was provided to the Applicant.
ENVIRONMENTAL REVIEW:
On July 20, 2004, the City Council approved a Mitigated Negative Declaration and a Mitigation
Monitoring Program for Bancor Properties Tralee Project (Resolution 142-04). This project is a
continuation of that original project and is in conformance with the Mitigated Negative
Declaration for the original project.
ATTACHMENTS: 1. Project plans.
2. Resolution approving Site Development Review for 53
townhomes at Tralee located at 6599 Dublin Boulevard.
3. Resolution recommending that the City Council adopt an
Ordinance approving a Planned Development Rezone with a
Stage 2 Development Plan Amendment to revise the public
art requirement for the Tralee Mixed-Use development project
with the Draft City Council Ordinance included as Exhibit A.
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GENERAL INFORMATION:
PROPERTY OWNER/APPLICANT:
LOCATION:
APN:
EXISTING ZONING:
GENERAL PLAN DESIGNATION &
EASTERN DUBLIN SPECIFIC PLAN:
SURROUNDING USES:
Signature Development
2201 Broadway Street, Suite 604
Oakland, CA 94612
Northwest Comer of Dougherty Road and Dublin Blvd.
Parcels 2 & 3 of Parcel Map 7893
941-2831-057-00 & 941-2831-003-00
PD-Mixed Use
Mixed Use
LOCATION ZONING GENERAL PLAN LAND USE CURRENT USE OF
PROPERTY
Light Auto service, retail/commercial
North Industrial Business Park/Industrial center and li ht industrial uses;
Across Dublin Blvd. two
South General
Retail/Office and Automotive retail/commercial centers, a
Commercial service station and a
recreational vehicle sales lot
Service station and
East General Retail/Commercial retail/commercial
Commercial establishments;
West General Retail/Office and Automotive Retail/commercial center and
Commercial li ht industrial uses
REFERENCES:
General Plan
Eastern Dublin Specific Plan
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RESOLUTION NO. 12 - XX
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING SITE DEVELOPMENT REVIEW
FOR 53 TOWNHOMES AT TRALEE LOCATED
AT 6599 DUBLIN BOULEVARD
(941-2831-003, 004, 057)
PLPA-2011-00049
WHEREAS, the Applicant, Patrick Van Ness, Dublin Tralee II, LLC, submitted an application
for a Site Development Review (SDR) Permit to allow the construction of the remaining 53
townhomes on the project site; and
WHEREAS, the Project is located at 6599 Dublin Boulevard; and
WHEREAS, the Tralee property consists of approximately 10.61 acres generally located
north of Dublin Boulevard and west of Dougherty Road, APN 941-0205-009-08, in the Dublin
General Plan area; and
WHEREAS, in connection with the original 2004 Tralee project approval, an Initial Study was
prepared to analyze the potential impacts of the project pursuant to CEQA Guidelines Section
15063. Based on the Initial Study, a Mitigated Negative Declaration (MND) and Mitigated Monitoring
Program were prepared for the project with the finding that with the implementation of Mitigation
Measures contained in the Initial Study; the potential impacts of the project would be reduced to a
level of insignificance. The City Council approved the Mitigated Negative Declaration and adoption
of the Mitigation Monitoring Program on July 20, 2004. The proposed development is consistent
with and implements the Tralee project approved in 2004 and analyzed in the related MND. All of
the adopted mitigation measures are reflected in the proposed project, as applicable. No further
environmental review is required; and
WHEREAS, the Planning Commission did hold a properly noticed public hearing on the
project on March 13, 2012; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law;
and
WHEREAS, a Staff Report was submitted analyzing the project and recommending approval
of the SDR and related applications; and
WHEREAS, the complete application submitted is available and on file in the Community
Development Department; and
WHEREAS, the Staff Report recommended that the Planning Commission approve a Site
Development Review subject to the findings and conditions contained herein; and
WHEREAS, the Planning Commission did hear and use their independent judgment and
considered all said reports, recommendations, and testimony hereinabove set forth.
Page 1 of 14
ATTACHMENT 2
NOW, THEREFORE, BE IT RESOLVED THAT THE Planning Commission of the City of
Dublin does hereby make the following findings and determinations for the Site Development
Review:
Site Development Review
A. The proposal is consistent with the purposes of this Chapter, with the General Plan and
with any applicable Specific Plans and design guidelines in that: 1) the proposed site
design for the development of the remaining 53 townhomes for the Tralee project, as
conditioned, is consistent with Chapter 8.104 of the Dublin Zoning Ordinance; 2) it
complies with the policies of the General Plan, the Planned Development zoning, Stage 1
and Stage 2 Development Plan as amended, and with all other requirements of the Dublin
Zoning Ordinance in that it will create housing opportunities; and 3) it will provide
additional landscape amenities and areas to congregate at Tralee.
B. The proposal is consistent with the provision of Title 8, Zoning Ordinance: 1) the
remaining 53 townhomes comply with Chapter 8.104, Site Development Review of the
Dublin Zoning Ordinance in that it provides a well designed project in relation to the
exiting developed Tralee project and other development in the area.
C. The design of the project is appropriate to the City, the vicinity, surrounding properties,
and the lot on which the project is proposed because: 1) it is within the context of the
existing development in the area; and 2) it is consistent with the existing Tralee
development, and continues with implementation of the plan adopted with the Planned
Development Zoning by coordinating improvements, circulation, and housing
opportunities with the adjacent properties and completing the overall project.
D. The subject site is physically suitable for the type and intensity of the approved
development because: 1) it continues the envisioned development pattern for Tralee
which is within the recommended density for the site and consistent with previous
approvals; and 2) the site is relatively flat and the residential project and its density take
advantage of the site's location adjacent to Dublin Boulevard and Dougherty Road.
E. Impacts to the existing slopes and topography are addressed as the site is predominately
flat and drainage has been accommodated into an underground collection system and
conveyed away from the property through existing improvements.
F. Architectural considerations, including the character, scale and quality of the design, site
layout, the architectural relationship with the site and other buildings, screening of
unsightly uses, lighting, building materials and colors, and similar elements result in a
project that is harmonious with its surroundings and compatible with other development in
fhe vicinity, have been incorporated into the project, and as Conditions of Approval, in
order to ensure compatibility with the existing design concept and theme as well as the
character of adjacent buildings within and adjacent to the project.
G. Landscape considerations, including the location, type, size, color, texture and coverage
of plant materials, and similar elements have been incorporated into the project to ensure
visual relief, adequafe screening and an attractive environment for the public as the
project represents the final phase of development, completes the overall theme of Tralee
and finishes the landscape designs previously approved.
Page 2 of 14
H. The site has been adequately designed to ensure proper circulation for bicyclists,
pedestrian, and automobiles as walkways, pathways, drive aisles have all been
constructed and implementation of the 53 townhouses represented by this Site
Development Review will complete the pedestrian circulation network for the site.
BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin hereby
approves the Site Development Review with the following conditions. This approval is based on
findings that the proposed Site Development Review is consistent with the General Plan; Master
Vesting Tentative Tract Map 7457; Ordinance 22-04 and Ordinance -12, which includes the
related PD rezoning with Stage 1 and Stage 2 Development Plan Amendment. This approval shall
conform generally to the plans prepared by SDG Architecture + Engineering and Robert Mowat
Associates Landscape Architecture + Land Planning, dated received February 17, 2012, consisting
of the packages, sheets, booklets, and plans on file with the Community Development Department
and the Applicant's written statement.
CONDITIONS OF APPROVAL
Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of
building permits, establishment of use, approval of final map or filing of parcel map, etc., and shall
be subject to Planning Division review and approval. The following codes represent those
departments/agencies responsible for monitoring compliance of the conditions of approval: [PL]
Planning; [B] Building; [PO] Police; [PW] Public Works; [CM] City Manager's Office; [ADM]
Administration/City Attorney; [FIN] Finance; [PCS] Parks and Community Services; [F] Dublin Fire
Prevention; [DSR] Dublin San Ramon Services District; [LDD] Livermore Dublin Disposal; [CO]
Alameda County Department of Environmental Health; [Zone 7] Alameda County Flood Control and
Water Conservation District, Zone 7; [LAVTA] Livermore Amador Valley Transit Authority; and
[CHS] California Department of Health Services.
CONDITION TEXT Respon. When Source
Agency Req'd.
Prior ta•
GE NERAL -.SITE DEVELOPMENT REVIEW
1. Approval. This Site Development Review approval for PL On-going Planning
Tralee Townhomes, PLPA-2011-00049 establishes the
detailed design concepts and regulations for the
project. Development pursuant to this Site
Development Review shall conform generally to the
project plans submitted by SDG Architecture +
Engineering, dated received February 17, 2012, on file
in the Community Development Department, and other
plans, text, and diagrams relating to this Site
Development Review, unless modified by the
Conditions of Approval contained herein. The approval
of this Site Development Review is subject to the City
Council approval of the Stage 2 Development Plan
amendment.
2. Effective Date. This Site Development Review PL Approval of DMC
approval is contingent upon the approval of the Stage 2 related 8.32.030.
Development Plan amendment. If the Planned entitlements B
Develo ment zonin amendment is not a roved this
Page 3 of 14
CONDtTIQN TEXT Respon When Source
Agency Req'd.
..Prior to:
Site Development Review approval shall become null
and void.
3. Permit Expiration. Construction or use shall PL One year DMC
commence within one (1) year of Permit approval or from permit 8.96.020.
the Permit shall lapse and become null and void. approval D
Commencement of construction or use means the
actual construction or use pursuant to the Permit
approval or, demonstrating substantial progress toward
commencing such construction or use. If there is a
dispute as to whether the Permit has expired, the City
may hold a noticed public hearing to determine the
matter. Such a determination may be processed
concurrently with revocation proceedings in appropriate
circumstances. If a Permit expires, a new application
must be made and processed according to the
re uirements of the Zonin Ordinance.
4. Time Extension. The original approving decision- PL One year DMC
maker may, upon the Applicant's written request for an from permit 8.96.020.
extension of approval prior to expiration, and upon the approval E
determination that any Conditions of Approval remain
adequate to assure that applicable findings of approval
will continue to be met, grant a time extension of
approval for a period not to exceed six (6) months. All
time extension requests shall be noticed and a public
hearing or public meeting shall be held as required by
the articular Permit.
5. Permit Validity. This SDR approval shall be valid for PL On-going DMC
the remaining life of the approved structure so long as 8.96.020.E
the operators of the subject property comply with the
ro'ect's conditions of a royal.
6. Revocation of permit. The Site Development Review PL On-going DMC
approval shall be revocable for cause in accordance 8.96.020.1
with Section 8.96.020.1 of the Dublin Zoning Ordinance.
Any violation of the terms or conditions of this permit
shall be subject to citation.
7. Requirements and Standard Conditions. The Various Building Standard
Applicant/ Developer shall comply with applicable City Permit
of Dublin Fire Prevention Bureau, Dublin Public Works Issuance
Department, Dublin Building Department, Dublin Police
Services, Alameda County Flood Control District Zone
7, Livermore Amador Valley Transit Authority, Alameda
County Public and Environmental Health, Dublin San
Ramon Services District and the California Department
of Health Services requirements and standard
conditions. Prior to issuance of building permits or the
installation of any improvements related to this project,
the Developer shall supply written statements from
each such a enc or de artment to the Plannin
Page 4 of 14
CONDiTIQN TEXT. Respon. When Source
Agency Req'd.
Prior to:
Department, indicating that all applicable conditions
required have been or will be met.
8. Required Permits. Developer shall obtain all permits PW Building Standard
required by other agencies including, but not limited to Permit
Alameda County Flood Control and Water Issuance
Conservation District Zone 7, California Department of
Fish and Game, Army Corps of Engineers, Regional
Water Quality Control Board, Caltrans and provide
co ies of the ermits to the Public Works De artment.
9. Fees. Applicant/Developer shall pay all applicable fees Various Building Various
in effect at the time of building permit issuance, Permit
including, but not limited to, Planning fees, Building Issuance
fees, Traffic Impact Fees*, TVTC fees, Dublin San
Ramon Services District fees, Public Facilities fees*,
Dublin Unified School District School Impact fees, Fire
Facilities Impact fees*, Alameda County Flood and
Water Conservation District (Zone 7) Drainage and
Water Connection fees; or any other fee that may be
adopted and applicable ("*" denotes City of Dublin
im act fees .
10. Tralee Fees. Pursuant to the original 2004 Tralee PL Building Admin/
project approval, a prior developer pre-paid certain Permit City
development impact fees. Notwithstanding Issuance Attorney
Condition #9 above, if the Applicant/ Developer
receives building permits within two (2) years from the
date of approval of the related PD zoning Development
Plan amendment that is being considered concurrently
with this Site Development Review, the Applicant shall
not be required to pay City of Dublin impact fees, as
denoted above; however after the two year period, the
developer shall pay City of Dublin fees equal to the
difference between the fees pre-paid by the original
developer and the fees in effect at the time the building
ermits are received.
11. Indemnification. The Developer shall defend, ADM Admin
indemnify, and hold harmless the City of Dublin and its /City
agents, officers, and employees from any claim, action, Attorney
or proceeding against the City of Dublin or its agents,
officers, or employees to attack, set aside, void, or
annul an approval of the City of Dublin or its advisory
agency, appeal board, Planning Commission, City
Council, Community Development Director, Zoning
Administrator, or any other department, committee, or
agency of the City related to this project to the extent
such actions are brought within the time period
required by Government Code Section 66499.37 or
other applicable law; provided, however, that The
Develo er's dut to so defend, indemni ,and hold
Page 5 of 14
CONDITION TEXT Respon. When Source
Agency, Req'd.
:Prior to:
harmless shall be subject to the City's promptly
notifying The Developer of any said claim, action, or
proceeding and the City's full cooperation in the
defense of such actions or roceedin s.
12. Clean-up. The Applicant/Developer shall be PL On-going Planning
responsible for clean-up and disposal of project related
trash to maintain a safe, clean, and litter-free site.
13. Modifications. Modifications or changes to this Site PL On-going DMC
Development Review approval may be considered by 8.104.100
the Community Development Director if the
modifications or changes proposed comply with
Section 8.104.110 of the Zonin Ordinance.
14. Controlling Activities. The Applicant/Developer shall PL On-going
control all activities on the project site so as not to
create a nuisance to the existing or surrounding
businesses and residences.
15. Accessory/Temporary Structures. The use of any PL On-going DMC
accessory or temporary structures, such as storage 8.108
sheds or trailer/ container units used for storage or for
any other purposes, shall be subject to review and
a royal b the Communit Develo ment Director.
PR OJECT SPECIFIC -SITE DEVELOPMENT REVIEW
16. Mitigation Monitoring Program. The PL On-going Tralee
Applicant/Developer shall comply with the Tralee MMP
project Mitigation Monitoring Program including all
mitigation measures, action programs, and
implementation measures on file with the Community
Develo ment De artment.
17. Sound Attenuation. The Applicant/Developer shall PL Prior to Tralee
submit a site specific acoustic report to be prepared by Issuance Mitigation
qualified acoustical consultants. The acoustic report of Building Monitoring
shall include detailed identification of noise exposure Permits Program
levels on the individual project site and a listing of
specific measures to reduce both interior and exterior
noise levels to normally acceptable levels including but
not limited to glazing and ventilation systems,
construction of noise barriers and use of buildings to
shield noise.
18. Equipment Screening. All electrical and/or PL Through
mechanical equipment shall be screened from public completion
view. Any roof-mounted equipment shall be completely / On-going
screened from view by materials architecturally
compatible with the building and to the satisfaction of
the Community Development Director.
19. Colors. The exterior paint colors of the buildings are PL Occupancy Planning
subject to Cit review and a proval. The Applicant
Page 6 of 14
CONDITION TEXT Respon. When Source
Agency Req'd.
Prior to:
shall paint a portion of the building the proposed
color(s) for review and approval by the Director of
Community Development prior to painting the entire
structure.
LA NDSCAPING
20. Final Landscape and Irrigation Plans: Final PL Issuance DMC
Landscape and Irrigation Plans prepared and stamped of Building 8.72.030
by a State licensed landscape architect or registered Permits
engineer shall be submitted for review and approval by
the City Engineer and the Community Development
Director. Plans shall be generally consistent with the
approved Planned Development zoning Stage 1 and
Stage 2 Development Plan and the preliminary
landscape plan prepared by The SDG Architecture +
Engineering, dated February 17, 2012, except as
modified by the Conditions listed below and as required
b the Communit Develo ment Director.
21. Plant Species. Plant species shall be selected PL Planning
according to use, sun/shade location and space
available. The landscape plan should include plant
species that are not salt sensitive. Street trees shall be
hi h branchin and roduce minimal litter.
22. Landscaping at Street/Drive Aisle Intersections. PL Planning
Landscaping shall not obstruct the sight distance of
motorists, pedestrians, or bicyclists. Except for trees,
landscaping (and/or landscape structures such as
walls) at drive aisle intersections shall not be taller than
30 inches above the curb. Landscaping shall be kept
at a minimum height and fullness giving patrol officers
and the general public surveillance capabilities of the
area.
23. Lighting. The Applicant/Developer shall prepare a PL, PW, Planning
lighting isochart to the satisfaction of the City Engineer, PO
Director of Community Development, the City's
Consulting Landscape Architect and Dublin Police
Services. Lighting used after daylight hours shall be
ade uate to rovide for securit needs.
24. Street Lights and Trees. Maintain approximately 15' PL Planning
clearance between streetlights and street trees. Where
such clearance is not practical for design
considerations, trees shall be increased to 36" box
minimum to reduce the conflict between the lighting
and folia e.
25. Standard Plant Material, Irrigation and Maintenance PL Issuance DMC
Agreement. The Applicant/Developer shall complete of Building 8.72.050.
and submit to the Dublin Planning Department the Permits B
Standard Plant Material, Irri ation and Maintenance
Page 7 of 14
CONDITION TEXT Respon. When Source
Agency. Req'd.
Prior to
A reement.
26. Landscaping. Applicant/Developer shall construct all PL Building Planning
landscaping within the site and along the project Permit
frontage. The on-site landscaping shall be to the Issuance
satisfaction of the Director of Community
Development. The frontage landscaping, from the face
of curb to the right-of-way, shall be to the design in the
plans referenced in Condition #20. Street trees within
the frontage shall be a minimum 24" box, their exact
tree locations and varieties shall approved by the City
En ineer.
27. Plant Standards. All trees shall be 24" box minimum, PL Occupancy Planning
with at least 30% at 36" box or greater; all shrubs shall
be 5 allon minimum.
28. Maintenance of Landscaping. All landscaping PL On-going City of
materials within the public right-of-way shall be Dublin
maintained for 90 days and on-site landscaping shall Standards
be maintained in accordance with the "City of Dublin Plant
Standards Plant Material, Irrigation System and Material,
Maintenance Agreement" by the Developer after City- Irrigation
approved installation. This maintenance shall include System
weeding, the application of pre-emergent chemical and
applications, and the replacement of materials that die. Mainten.
Any proposed or modified landscaping to the site, Agrmnt
including the removal or replacement of trees, shall
require prior review and written approval from the
Communit Develo ment Director.
29. Water Efficient Landscaping Ordinance. The PL Building DMC 8.88
Applicant/ Developer shall submit written Permit
documentation to the Public Works Department (in the Issuance
form of a Landscape Documentation Package and
other required documents) that the development
conforms to the City's Water Efficient Landscaping
Ordinance.
PL ANNING - SITE DEVELOPMENT REVIEW
30. Public Art Project. The Applicant/Developer shall PCS Prior to the Project
provide for public art in accordance with the related issuance of Specific
Planned Development Zoning Stage 1 and Stage 2 Building
Development Plan, as amended through Ordinance Permits
-12.
PU BLIC WORKS -SITE DEVELOPMENT REVIEW
31. Tentative Map Conditions of Approval: All PW Final Map Project
applicable Conditions of Approval for Tentative Map for Specific
Tract 7457 shall apply to this Site Development
Review. The Tract 7457 Map shall record prior to the
issuance of a Building Permit.
Page 8 of 14
CONDITION TEXT. Respon. When Source
Agency Req'd.
Prior to
32. Grading /Sitework Permit: Developer shall obtain a PW Site Standard
Grading /Sitework Permit from the Public Works construction
Department for all grading and private site
improvements. The Developer shall provide security to
guarantee the grading and improvements, in an
amount approved b the Cit En ineer.
BU ILDING
33. Building Codes and Ordinances: All project B Through Standard
construction shall conform to all building codes and Completion
ordinances in effect at the time of buildin permit.
34. Retaining Walls: All retaining walls over 30 inches in B Through Standard
height and in a walkway shall be provided with Completion
guardrails. All retaining walls over 24 inches with a
surcharge or 36 inches without a surcharge shall obtain
ermits and ins ections from the Buildin Division.
35. Phased Occupancy Plan: If occupancy is requested B Occupancy Standard
to occur in phases, then all physical improvements of any
within each phase shall be required to be completed affected
prior to occupancy of any buildings within that phase building
except for items specifically excluded in an approved
Phased Occupancy Plan, or minor handwork items,
approved by the Department of Community
Development. The Phased Occupancy Plan shall be
submitted to the Directors of Community Development
and Public Works for review and approval a minimum
of 45 days prior to the request for occupancy of any
building covered by said Phased Occupancy Plan. Any
phasing shall provide for adequate vehicular access to
all parcels in each phase, and shall substantially
conform to the intent and purpose of the subdivision
approval. No individual building shall be occupied until
the adjoining area is finished, safe, accessible, and
provided with all reasonable expected services and
amenities, and separated from remaining additional
construction activity. Subject to approval of the
Director of Gommunity Development, the completion of
landscaping may be deferred due to inclement weather
with the posting of a bond for the value of the deferred
landsca in and associated im rovements.
36. Building Permits: To apply for building permits, B Issuance Standard
Applicant/Developer shall submit seven (7) sets of of Building
construction plans to the Building Division for plan Permits
check. Each set of plans shall have attached an
annotated copy of these Conditions of Approval. The
notations shall clearly indicate how all Conditions of
Approval will or have been complied with. Construction
plans will not be accepted without the annotated
resolutions attached to each set of tans.
Page 9 of 14
CONDITION TEXT Respon. When Source
Agency Req'd.
Prior to•
Applicant/Developer will be responsible for obtaining
the approvals of all participation non-City agencies
rior to the issuance of buildin ermits.
37. Construction Drawings: Construction plans shall be B Issuance Standard
fully dimensioned (including building elevations) of building
accurately drawn (depicting all existing and proposed permits
conditions on site), and prepared and signed by a
California licensed Architect or Engineer. All structural
calculations shall be prepared and signed by a
California licensed Architect or Engineer. The site
plan, landscape plan and details shall be consistent
with each other.
38. Air Conditioning Units: Air conditioning units and B Occupancy Standard
ventilation ducts shall be screened from public view of Unit
with materials compatible to the main building. Units
shall be permanently installed on concrete pads or
other non-movable materials approved by the Building
Official and Director of Community Development. Air
conditioning units shall be located in accordance with
the PD text.
39. Temporary Fencing: Temporary Construction fencing B Through Standard
shall be installed along perimeter of all work under Completion
construction.
40. Addressing B Issuance Standard
a) Provide a site plan with the City of Dublin's of building
address grid overlaid on the plans (1 to 30 permits
scale). Highlight all exterior door openings on
plans (front, rear, garage, etc.). (Prior to release
of addresses)
b) Provide plan for display of addresses. The
Building Official and Director of Community
Development shall approve plan prior to
issuance of the first building permit. (Prior to
permitting)
c) Address signage shall be provided as per the
Dublin Residential Security Code. (Occupancy
of any Unit)
d) Exterior address numbers shall be backlight and
be posted in such a way that they may be seen
from the street. (Prior to permit issuance, and
through completion).
e) An approved apartment unit-numbering plan
shall be incorporated into the construction
drawin s.
41. Engineer Observation: The Engineer of record shall B Final frame Standard
be retained to provide observation services for all inspection
components of the lateral and vertical design of the
buildin includin nailin hold-downs, stra s, shear,
Page 10 of 14
CONQITION'TEXT Respon. When Source
Agency Req'd.
Prior to•
roof diaphragm and structural frame of building. A
written report shall be submitted to the City Inspector
rior to schedulin the final frame ins ection.
42. Foundation: Geotechnical Engineer for the soils B Permit Standard
report shall review and approve the foundation design. issuance
A letter shall be submitted to the Building Division on
the a royal.
43. Green Building: The Green Building checklist shall be B Issuance Standard
included in the master plans. The checklist shall detail of building
what Green Points are being obtained and where the permit and
information is found within the master plans. (Prior to through
first permit). Prior to occupancy of any unit, the project completion
shall submit a completed checklist with appropriate
verification that all Green Points required by 7.94 of the
Dublin Municipal Code have been incorporated.
Green Building measures as detailed are for reference
only and may be adjusted prior to master plan check
application submittal with prior approval from the City's
Green Building Official. Provided that the design of the
project complies with the City of Dublin's Green
Building Ordinance and State Law as applicable. In
addition, all changes are reflected in the Master Plans.
(Through Completion)
The Green Building checklist shall be included in the
master plans. The checklist shall detail what Green
Points are being obtained and where the information is
found within the master plans. (Prior to first permit).
Prior to each unit final, the project shall submit a
completed checklist with appropriate verification that all
Green Points required by 7.94 of the Dublin Municipal
Code have been incorporated. (Through Completion)
Homeowner Manuel - if Applicant takes advantage of
this point the Manuel shall be submitted to the Green
Building Official for review or a third party reviewer with
the results submitted to the City. (Project)
Landscape plans shall be submitted to the Green
Building Official for review. Prior to approval of the
landscape plans by the City of Dublin.
Developer may choose self-certification or certification
by a third party as permitted by the Dublin Municipal
Code. Applicant shall inform the Green Building
Official of method of certification prior to release of the
first permit in each subdivision /neighborhood.
44. Cool Roofs: Flat roof areas shall have their roofing B Through Standard
material coated with li ht colored ravel or painted with Com letion
Page ~ ~ of ~ 4
CONDITION TEXT Respon. When Source
Agency _Req'd.
Prior to•
light colored or reflective material designed for Cool
Roofs.
45. Electronic File: The Applicant/developer shall submit B Issuance Standard
all building drawings and specifications for this project of final
in an electronic format to the satisfaction of the Building occupancy
Official prior to the issuance of building permits.
Additionally, all revisions made to the building plans
during the project shall be incorporated into an "As
Built" electronic file and submitted prior to the issuance
of the final occu anc .
46. Copies of Approved Plans: Applicant shall provide B 30 days Standard
City with 4 reduced (1/2 size) copies of the approved after permit
plan. and each
revision
issuance
FIRE
47. The project must comply with fire. and building code F Issuance Standard
requirements in effect at the time of submittal for of building
buildin permits. ermits
48. Fire Access must comply with Section 503.1.1 F Issuance Standard
Exception 1. of building
permits
and on-
oin
49. Fire Access roadways on Demarcus, Campbell Green, F At Project
and Hamlet must be 20 foot wide with out arkin occu anc S ecific
PO LICE
50. The Applicant must adhere to Dublin security PD At Standard
requirements, which covers items such as lighting, occupancy
addressing, locks, and emergency telephone
installation within arkin structures.
51. Applicant shall work with police services to provide the PD At Standard
installation of mirrors in blind spots, stairwells, and occupancy
elevators, or other rooms, the trimming or removal of
landscaping, the installation of lighting in dark corridors
or walkin aths, and the like.
52. The lobby/mail rooms, amenities (e.g., gym), and PD Issuance Standard
similar common areas shall employ the use of windows of building
in place of solid walls so that residents and passersby permits
can witness activit within and without the facilities.
53. Restrooms that can accommodate more than one user PD At Standard
at a time (e.g., in the gym) shall have security lighting occupancy
and shall not have entryway doors that are lockable by
the users.
54. Shared amenities (e.g., gym, mail rooms) shall have PD At Standard
securit li htin occu anc
Page 12 of 14
CONDITION TEXT Respon. When Source
Agency Req'd.
Prior to:
55. Doors leading to corridors, mailrooms, trash rooms, PD At Standard
gym, business offices, elevator lobbies, stair cases, occupancy
shall have elongated window panels to facilitate
surveillance minimum 6" x 18" .
56. The fitness room shall have at least one full window on PD At Standard
each wall adjacent to the hallway and facing the occupancy
exterior of the buildin .
57. Signage: PD At Standard
o Doors within the parking structures shall have occupancy
signs for identification (e.g., "bike storage,"
"stairs," "electrical room," etc.)
o Within the residential buildings, all doors
leading to facilities, amenities, etc. shall have
signs for identification (e.g., "storage," "trash,"
"roof access," etc.
58. Addressing - In addition to what is in the Dublin PD At Standard
Municipal Code Security Ordinance, we require: occupancy
o Address ranges of residential units shall be
posted on inside corridors
o Address ranges of residential units shall be
posted at All pedestrian points of entry (e.g.,
from parking structures, as well as from
sidewalks)
o Addressing shall not be blocked by landscaping
or architectural features, and shall have
adequate lighting to make them readable
o Address ranges shall be posted on the each
elevation of the residential buildings.
o The Applicant shall work with the Addressing
Committee to provide address identification for
emer enc res onders.
59. Construction Trailer: PD At Standard
o Must be addressed, with visibility at night occupancy
o Doors must have peephole or window
o Must bee ui ed with tele hone
PASSED, APPROVED AND ADOPTED this 13th day of March 2012 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chairperson
ATTEST:
Page 13 of 14
Planning Manager
G:IPA#120111PLPA-2011-00049 Tralee Rezone (Public Art)IPC Reso SDR 53 Tralee townhouses.doc
Page 14 of 14
RESOLUTION NO. 12- XX
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE
APPROVING A PLANNED DEVELOPMENT REZONE WITH A STAGE 2 DEVELOPMENT
PLAN AMENDMENT TO REVISE THE PUBLIC ART REQUIREMENT FOR
THE TRALEE MIXED-USE DEVELOPMENT PROJECT
PLPA 2011-00049
WHEREAS, the Applicant, Patrick Van Ness, Dublin Tralee II, LLC, submitted an
application for a Planned Development Rezoning Stage 2 Development Plan Amendment to
modify the Stage 2 Development Plan Public Art component. The Applicant proposes to
eliminate an onsite public art location and to pay in-lieu fees instead; and
WHEREAS, the Applicant also submitted an application for a Site Development Review
Permit to allow the construction of the remaining 53 townhomes on the project site; and
WHEREAS, the Project is located at 6599 Dublin Boulevard; and
WHEREAS, the Tralee property consists of approximately 10.61 acres generally located
north of Dublin Boulevard and west of Dougherty Road, APN#941-0205-009-08, in the Dublin
General Plan area; and
WHEREAS, in connection with the original 2004 Tralee project approval, an Initial Study
was prepared to analyze the potential impacts of the project pursuant to CEQA Guidelines
Section 15063. Based on the Initial Study, a Mitigated Negative Declaration and Mitigated
Monitoring Program were prepared for the project with the finding that with the implementation
of Mitigation Measures contained in the Initial Study; the potential impacts of the project would
be reduced to a level of insignificance. The City Council approved the Mitigated Negative
Declaration and adoption of the Mitigation Monitoring Program on July 20, 2004; and
WHEREAS, the Planning Commission did hold a properly noticed public hearing on the
project on March 13, 2012; and
WHEREAS, a Staff Report was submitted analyzing the project modification and
recommending approval of the applications.
NOW, THEREFORE BE IT RESOLVED that the foregoing recitals are true and correct
and made a part of this resolution; and
BE IT FURTHER RESOLVED that the Planning Commission hereby recommends that
the City Council adopt the attached Ordinance for a Stage 2 Development Plan Amendment
(Exhibit A) to revise the Public Art Component within the existing Tralee Site based on the
findings included in the attached Ordinance.
ATTACHMENT 3
PASSED, APPROVED AND ADOPTED this 13th day of March, 2012.
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chair
ATTEST:
Planning Manager
G:IPA#120111PLPA-2011-00049 Tralee Rezone (Public Art)IPC Reso Rec CC adopt Ord.doc
ORDINANCE NO. xx-12
AN ORDINANCE OF THE CITY OF DUBLIN
*************************
APPROVING A PLANNED DEVELOPMENT REZONE WITH A STAGE 2 DEVELOPMENT
PLAN AMENDMENT TO REVISE THE PUBLIC ART REQUIREMENT
FOR THE TRALEE MIXED-USE DEVELOPMENT PROJECT
PLPA 2011-00049
The Dublin City Council does ordain as follows:
SECTION 1: Findings
A. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as follows.
1. The Tralee PD-Planned Development zoning, as amended, continues to meet the
purpose and intent of Chapter 8.32 in that it provides a comprehensive development plan
that creates a desirable. use of land that is sensitive to surrounding land uses by virtue of
the layout and design of the site plan, and uses creative design and a mix of
complementary uses to establish the project as a focal point for the area.
2. Development of the Tralee Project under the PD-Planned Development zoning, as
amended, will continue to be harmonious and compatible with existing and future
development in the surrounding area in that the retail/office and medium-high density use
of the site would utilize the close proximity of I-580 freeway and adjacent to public
roadways. The land uses and site plan provide effective transitions to the surrounding
development of retail/office and residential.
B. Pursuant to Sections 8.120.050.A and B of the Dublin Municipal Code, the City Council finds
as follows.
1. The proposed PD-Planned Development zoning for the Tralee Project will continue to
be harmonious and compatible with existing and potential development in the
surrounding area in that the mixed-use would provide effective transitions to the
surrounding development including retail/office uses and multi-family residential uses.
2. The Site is relatively flat, with existing infrastructure (including roads, sewer, storm
drain, potable water, natural gas, and electricity) located immediately adjacent to the site
with no major or unusual physical or topographic constraints and thus is physically
suitable for the type and intensity of the proposed PD-Planned Development district.
The amended PD zoning will remove the public art location onsite but will not otherwise
affect the physical development of the project or site.
3. The proposed PD-Planned Development zoning 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 in that the project will comply with all applicable development
regulations and standards and will implement all adopted mitigation measures.
4. The PD-Planned Development zoning is consistent with the Dublin General Plan as
approved by Resolution 144-04 on July 20, 2004 and this amendment does not alter the
EXHIBIT A TO
ATTACHMENT 3
land uses in the General Plan or approved PD-Development Plan zoning approved
through Ordinance 22-04 on August 3, 2004 except for the placement of Public Art
reflected in the proposed PD-Planned Development district.
C. Pursuant to the California Environmental Quality Act, the City Council adopted a Mitigated
Negative Declaration (MND) for the Tralee Project and a mitigation monitoring plan in
Resolution 142-04 on July 20, 2004, as required to support approval of the project, including
approval of the PD-Planning Development zoning. The proposed PD-zoning amendment is not
a substantial change to the project analyzed in the adopted MND and no further environmental
review is required.
D. All existing elements contained in Ordinance 22-04, adopted by the City Council on August
3, 2004, hereby remain in place and are unchanged except that new paragraph 19 is hereby
added to Ordinance 22-04, Section 3, "Stage 1 and 2 Development Plan for Tralee" as set forth
below relative to Public Art.
"19. Public Art: The location of the Public Art as originally shown on the approved Stage 2
Development Plan is here by deleted and in-lieu of providing the Public Art the
Applicant/Developer shall pay the City of Dublin a cash payment of $35,000.
SECTION 4.
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.
2
SECTION 5.
This ordinance shall take effect and be enforced thirty (30) days from and after its
passage.
PASSED AND ADOPTED BY the City Council of the City of Dublin, on this _ of 2012,
by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
G:\PA#\2011\PLPA-2011-00049 Tralee Rezone (Public Art)\Ordinance.doc
3