HomeMy WebLinkAboutItem 6.1 Amend Zoning Ord Rezone - Barratt Dev. (2) t
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: April 23 , 1984
SUBJECT: Adoption of Ordinance regarding Barratt
San Jose Planned Development Rezoning
EXHIBITS ATTACHED: 1 . Ordinance amending Zoning Ordinance
2 . Letter from Barratt dated March 23 ,
1984
3 . Resolution approving Planned
Development rezoning
RECOMMENDATION• q/ov/l ) Hea r Staff p resentation
2 ) Open public hearing
3 ) Hear applicant and public testimony
4 ) Close public hearing
5 ) Waive second reading and adopt
Ordinance
FINANCIAL STATEMENT: None
DESCRIPTION : I . BACKGROUND
On March 12 , 1984 , the City Council
adopted a resolution approving the Barratt San Jose Planned
Development Rezoning, and introduced an Ordinance amending
the Zoning Ordinance .
The Planned Development rezoning
involves 40 residential condominiums, and 44 residential
townhouses , at Silvergate Drive and San Ramon Road. The
Planned Development rezoning includes a condition (General
Provision #2 ) that requires the acquisition of the City
property before any permits can be issued or physical work
started.
On March 23 , 1984 , Barratt requested
that the second reading of the ordinance be continued to the
April 23 , 1984 ,City Council meeting. Barratt stated that
the purpose of the continuance was to allow time to
formulate an offer to purchase City property along San Ramon
Road. On March 26 , 1984 , the City Council continued the
matter .
On April 19 , 1984 , Barratt met with
staff and discussed the purchase of City property. Based on
discussions with staff re : area required, Barratt stated
they will submit a formal written proposal to the City in
the near future .
While the sale of the City property is
required, prior to development, it can occur after adoption
of the ordinance . The sale of City property would be
brought back to City Council for final action.
II . RECOMMENDATION
Staff recommends that the City Council
waive the second reading and adopt the ordinance amending
the Zoning Ordinance .
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ITEM NO. co' COPIES TO: Barratt San Jose
ORDINANCE NO .
AN ORDINANCE OF TIME CITY OF DUBLIN AMENDING THE ZONING ORDINANCE
TO PERMIT TIME REZONING OF THE REAL PROPERTY
WITHIN THE CITY OF DUBLIN
The City Council of the City of Dublin dces ordain as
follows :
Section 1 . Chapter 2 of Title 8 of the Dublin
Ordinance Code is hereby amended in the following manner :
7 . 1+ acres , located on the southwest corner of
Silvergate Drive and San Ramon Road, designated as Assessor
Parcel Number 941-101-4-7 and 941-101-4-13 , are hereby rezoned to
PD (Planned Development) District; PA 82-033 . 1 Barratt - Arbor
Creek, as shown on Exhibit A ( Staff-recommended Site Plan) ,
Exhibit B (Applicant ' s proposal , as amended by Exhibit A) ,
Exhibit C (Negative Declaration) , and Exhibit E (Aoproval,
Findings and General Provisions ) , on file with the Dublin
Planning Department , are hereby adopted as the regulations of the
use, design, improvement, and maintenance of the property within
the District, subject to City approval of the Tentative and Final
Subdivision Maps and Site Development Review. A map of the area
is as follows :
amit
DUBLIN
Section 2 . This Ordinance shall take effect and be
in force thirty ( 30 ) days from, and after, the date of its
passage . Before the expiration of fifteen (15 ) . days after its
passage, it shall be published once, with the names of the
Councilmembers voting for and against the same, in the Tri-Valley
Herald, a newspaper published in Alameda County and available in
the City of Dublin .
PASSED AND ADOPTED by the City Council of the City of
Dublin on this day of 1984 , by the
following votes : +
AYES :
NOES :
ABSENT:
Mayor -
ATTEST:
City Clerk
t .
4
March 23 , 1984
Mayor Peter Snyder
c/o Mr. Lawrence L. Tong
Dublin Planning Department
P.O. Box 2340
Dublin, CA 94568
Re: Arbor Creek
PA 82-033,1 (R)
Dear Mayor Snyder:
It has come to our attention the second reading of the zoning ordinance
for the above referenced project is scheduled for the March 26, 1984
City Council meeting. Barratt respectfully requests this item be continued
to.the April 23, 1984 meeting.
The purpose for the requested continuance is to allow Barratt time to
formulate an offer to purchase the City Property as shown on approved site
plan.
Thank you in advance 'for your action. Please do not hesitate to call me
if you have any questions.
Sincerely,
BARRATT SAN JOSE
Nathan D. Meeks
Vice President Planning & Engineering
/lk RECEIVED
MAR 2 3 1984
DUBLIN PLANNING
Barr:::t San Jose 3150 Almaden Expressway, Suite 245 • San lose. California 95118 (405) 365-5150
Gnirrciore 1.�'•nne ki7711
1
RESOLUTION NO. 27 - 84
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN
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APPROVING AND ESTABLISHING FINDINGS AND GENERAL PROVISIONS
OF A PLANNED DEVELOPMENT REZONING CONCERNING
PA 82-033 . 1 (R) BARRATT SAN JOSE
WHEREAS, Barratt San Jose, proposes to rezone 7 . 1+
acres of land (APN 941-101-4-7 and APN 941-101-4-13 ) at the
southwest corner of Silvergate Drive and San Ramon Road from
C-N (Neighborhood Business ) to PD (Planned Development) , for 40
residential condominiums and 44 residential townhouses ; and,
WHEREAS, the City Council finds that the City of Dublin
is in the process of preparing and adopting a general plan, and
that there is reasonable probability that the proposed rezoning
will be consistent with the future general plan; and,
WHEREAS, there is little or no probability that the
rezoning will be a detriment to, or interfere with the future
general plan, should the new zoning ultimately be inconsistent
with the future general plan ; and,
WHEREAS, the City Council finds that the rezoning will
not have a significant environmental impact; and,
WHEREAS, the rezoning is appropriate for the subject
property in terms of being compatible to existing land uses in
the area, will be visually attractive, will not overburden public
services , and will provide housing of a type and cost that is
desired, yet not readily available in the City of Dublin; and,
WHEREAS, the rezoning will not have substantial adverse
effects on health or safety or be substantially detrimental to
the public welfare, or be injurious to property or public
improvements ;
NOW, THEREFORE, BE IT RESOLVED that the City Council
approves a Planned Development (PD) rezoning request for an 84-
unit residential project as shown on the Plans labelled Exhibit
"A" and Exhibit "B" ( as amended b Exhibit
y "A" ) , and subject to
the following Conditions :
GENERAL PROVISIONS
1 . Compliance with the plans contained in Exhibit "A" and as
amended by these Conditions . The applicant shall change his
proposal (Exhibit B) so that is will be in conformance with
the Staff recommendations as shown in Exhibit "A" . The
changes shall include :
a . a reduction of one building in the central portion of
the site and relocation of the remaining buildings and
pool to create more space between buildings and
garages , create a substantial open area and entry
feature at the end of the San Ramon Road entry into the
development, and enlarge the size of the central common
.open space ;
b . moving the garage buildings a minimum of six ( 6 ) feet
off of the fault zone ;
C . moving the northwest building a minimum of 10 feet from
the westerly property line;
d . provision of an open fence allowing vieing of Martin
Canyon Creek area, at the southeastern portion of the
site ;
e . reduction of seven parking stalls along the eastern
portion of the property to eliminate parking in the
Silvergate setback area and allow for some landscaping
between the easterly garages ;
f . provision of a public access easement along the south
side of Martin Canyon Creek (within the Applicant ' s
property) ;
g . the condominium units shall be a minimum of 650 sq. ft .
2 . Acquisition of the City-owned property proposed for
inclusion in this project shall be completed before any
permits can be issued for or physical work started on the
subject property .
3 . Site Development Review approval by Staff shall be acquired
prior to issuance of any Building Permit . The Site
Development Review shall implement these General Provisions
concerning the physical development of the project.
4 . The maximum number of residential units shall not exceed 84
units , of which, no more than 40 may be condominiums .
5 . The condominium architecture shall be consistent in quality
with the townhouse architecture including materials,
details , and form.
6 . Roofing shall either be concrete tile or wood shake .
7 . All garages shall have automatic sectional roll-up garage
door openers . Each condominium unit shall have its own
garage .
8 . The landscaping adjacent to the Silvertree development shall
provide for a dense fast-growing tree screen, utilizing a
minimum of 25% , 24" box trees , and a maximum of 75%, 15-gal
trees . The trees shall be located in a minimum 8-foot-wide
landscape easement, which shall be under the control of the
Homeowners ' Association . An independent automatic
irrigation system shall be provided for the trees .
Maintenance and protective measures shall be guaranteed in
the Codes , Covenants , and Restrictions .
9 . All units shall contain standard and currently available
energy saving devices , and be insulated in accordance with
Title 24 , State of California Administrative Code and
evidence shall be provided to the Building Official from
P .G. & E . that the units meet P .G . & E . ' s requirements of the
"Energy Conservation Home Program" if it still exists at the
time the units are to be constructed.
10 . Compliance with the City of Dublin Residential Condominium
Development Guidelines ( as amended 3/30/83 ) .
11 . Compliance with City of Dublin Site Development Review
Standard Conditions .
12 . Compliance with City of Dublin Police Services Standard
Residential Building Security Requirements .
13 . Full disclosure shall be made to potential buyers of the
project which shows the location and describes the potential
impact of the earthquake fault that traverses the property.
A written acknowledgement of the review of this information
prior to purchase is required of all buyers of units within _
the development, and a copy shall be filed with the City
Planning Department .
14 . The developer is to be responsible for the maintenance of
all Homeowner Association facilities for at least a one-year
warranty period, commencing when each phase is at least 50a
occupied.
15 . The Developer is to provide to the City Planning Department
a status report as to the occupancy characteristics of the
development once each year for three years .
16 . There shall be compliance with DSRSD Fire Department
requirements , Flood Control District requirements , and
Public Works requirements . Written statements from each
agency approving the plans over which it has jurisdiction
shall be submitted to the Planning Department prior to
issuance of Building Permits or the installation of any
improvements related to this project .
17 . A 6-foot high architecturally designed masonry wall shall be
installed along the easterly property line . In addition, an
intensive landscaped buffer, containing fast growing trees
and shrubs , shall be installed within a 22-foot minimum wide
landscaped area to the east of the wall and within City
right-of-way. The landscaped areas shall be irrigated by an
automatic irrigation system and be maintained for one year
by the Developer, and thereafter by the Homeowners '
Association .
A recorded contract, to run with the land, is to be
established providing the City with authority to repair
and/or maintain the easterly wall and the landscaping within
the public right-of-way. This contract may be exercised by
the City in the event the developer or the Homeowners '
Association fails to maintain the wall and landscaping in
such a manner that they present a neat and well-taken-care-
of appearance .
Provision is to be made in the contract to enable the City
to recover costs of work performed by the City in the
right-of-way and on private property related to the wall and
landscaping . The contract should recite that the Developer
and Homeowners ' Association grants the City authority to
enter and repair and maintain the wall and landscaping
across the adjacent private property if conditions so
require . The repair and maintenance costs incurred by the
City are to be shared, pro rata, by all units within the
Homeowners ' Association and collected as assessments along
with County property taxes .
18 . A par course shall be installed along an 8-foot-wide bikeway
that shall meander along San Ramon Road, as acceptable to
the Planning Director.
19 . The project shall be constructed as approved. Minor
modifications in the design, but not the use, may be
approved by Staff . Any other change will require Planning
Commission approval .
20 . Handicapped ramps and access to each ground floor unit shall
be provided at the request of the buyer and at the expense
of the developer . Four handicapped parking stalls,
appropriately signed, shall be provided evenly throughout
the project .
21 . Covenants , Conditions and Restrictions (C.C .& R. 's ) shall be
established for this development . The C.C. & R. ' s shall be
approved by the PlanniU Director. prior .to filing of the -
Final Map.
The C .C . & R. ' s shall be reviewed and approved by the City to
assure that :
a . There is adequate provision for at least the
maintenance of all commonly owned facilities , property
and landscaping including open space, roads , parking,
lighting, recreation facilities, landscape and the
exterior of all buildings ;
b . Payment of dues and assessments shall be both a lien
against the assessed land and a personal obligation of
each property owner . An estimate of these costs shall
be provided to each buyer prior to the time of
purchase .
C . The Association shall maintain all common areas in good
repair, including drainage and erosion control
improvements , fences , and landscaping;
d. The Association shall keep the City Planning Department
informed of the current name, address, and phone number
of the Association ' s official representative ;
e . Payment of the water and street lighting (maintenance
and energy) bills and maintenance and repair of storm
drain lines are the obligations of the Homeowners '
Association, excepting where said storm drain serves
public property ( streets and/or public land) in
addition to the subdivision, the controlling public
agency shall then be responsible for maintenance;
f . Each buyer is to sign an acknowledgement that he has
read the Constitution and Bylaws of the Homeowners '
Association and the Conditions , Covenants, and
Restrictions applying to the development .
g . The Homeowners ' Association shall contract with, or be
advised by a professional management firm, as to how to
handle maintenance operations and fee collection
procedures .
h . No recreational vehicle or boat may be stored within
this development.
i . The Covenants , Conditions , and Restrictions shall
provide that upon sufficient notice to homeowners, the
serving utilities be authorized to enter any portions
of the units whenever restoration of gas , electric, and
telephone service is required; that the utilities shall
have the right to install , move, remove, or run new
lines in or on any portions of the common area,
including the interior and exterior of the units
(except where undergrounding is required by the
Subdivision Ordinance) as is necessary to maintain
telephone service within the subdivision, and that this
provision may not be amended or terminated without the
consent of the utilities .
j . Guest parking areas must be identified by signs and the
C .C . & R. ' s shall prohibit the use of these areas by
homeowner families .
k . The Constitution and Bylaws of the Homeowners '
Association shall include the obligations of the
Association to be responsible for public liability in
case of injury in connection with public utility
easements , and for maintenance of the private vehicle
access ways and utility trenches in public utility
easements . They shall further be void of any mention
of future dedication of the access way to the City as a
public street.
1 . Provisions exist that require each purchaser to sign a
statement, prior to the purchase of a unit, that he or
she has read a statement that shows the location and
describes the significance of the Calavaras Fault that
traverses the property.
22 . Solar hot water systems shall be offered to buyers as an
optional improvement, where practical .
23 . After the project has been completed, and subject to
observing any minimum and maximum dimensions specified in
the approved plan :
a . In the common areas , plant materials , arbors, fences,
paving materials , and similar landscape features may be
added or replaced, in kind.
b . Any construction, repair or replacement which would
occur in the normal course of maintenance of the common
areas as the project matures may occur subject to the
securing of any permits or paying fees required by
other ordinances .
24 . All utilities fronting and within the project shall be
undergrounded.
25 . Utilities for each unit shall be individually metered. All
meters shall be screened from view and enclosed by an
enclosure that is compatible in design and materials to that
of the building to which it is installed.
26 . Secure DSRSD agreement to maintain the on-site sanitary
sewer collection system excluding individual laterals . The
system shall be designed as acceptable to DSRSD.
27 . Landscape plans , showing substantial landscaping, shall be
submitted to, and be approved by, the Planning Director
prior to any permits being issued for this project. In
general , 3 to 5 trees per 1 , 000 sq. ft . of landscaping shall
be shown within all open space/landscaped areas . At least
75% shall be 15-gal . size .
28 . Light standards shall be used which shield the light source
from view from off-site, and shall not shine onto adjacent
property .
29 . Street trees shall be provided along Silvergate Way, as
acceptable to the Planning Department .
30 . Heating of the pool shall be by a solar heating system, the
location and design of which will be reviewed as part of the
Site Development Review.
31 . The at-grade patios shall be fenced.
32 . Developer shall furnish and install signs stating "Not a
Publicly Maintained Street" and "Fire Access - Park in
Designated Locations Only" in right-of-way of private
streets . Parking spaces shall be designated by sign, paint
or equal .
33 . Fire hydrants shall be installed and operable, to the
satisfaction of the Dublin San Ramon Services District Fire
Department, prior to combustible construction.
34 . Prior to final inspection and occupancy of any units :
a . Storm drainage facilities shall have been installed -as
approved by the City Engineer .
b . Fire protection devices shall have been installed, be
operable , and conform to the specifications of and
inspections by the Dublin San Ramon Services District
Fire Department .
C . A 4 " high concrete curb (minimum) to separate all paved
parking and passageway areas from landscaped areas
shall have been installed. Curbs may be deleted where
a sidewalk adjoins parking and passageway, provided the
sidewalk is at least 4 " higher than adjoining pavement .
d . Cable TV hook-up shall be provided to each unit in the
subdivision, in accordance with existing City
regulations .
e . As-built drawings showing the locations of all
underground utilities (water, storm and sanitary sewer,
gas , electric , telephone, and cable TV) shall be
provided to the Homeowners ' Association.
f . Street name signs , bearing such names as are approved
by the Planning Director, shall have been installed.
35 . Prior to occupancy of any unit in each phase of development,
landscaping, irrigation, fencing, and landscape lighting in
accordance with approved landscape and erosion control
plans , shall have been installed, or a bond equal to the
cost plus 10% of the landscaping, lighting, appurtenant
structures , irrigation system shall be provided to the City.
A statement from the Project Landscape Architect certifying
that landscaping has been installed under his/her
supervision and is in accordance with approved plans shall
be submitted to the Building Official and Planning Director.
36 . Private Vehicle Accessways :
a. Backfill of all utility trenches in private vehicle
access wav areas is to meet the recommendations of a
licensed Civil Engineer specializing in the field of
soils engineering . ( In the absence of such a
recommendation, City public street standards for trench
backfill shall be utilized. ) The soils engineer shall
provide full-time inspector services when trenches are
being backfilled in accordance with this
recommendation . All work done within public utility
easements is to be inspected by the responsible utility
to a point six inches over the top of the pipe . All
other work in the access way is to be inspected by the
recommending soils engineer and/or the City Engineer.
Trench backfill in private vehicle access ways shall be
compacted to a minimum of ninety percent relative
compaction as determined by California Test Method No.
216 . Trench backfill in other areas outside of the
private vehicle access ways shall be inspected and
specified as to material and compaction requirements by
the respective utility agency. In the absence of such
requirements , the City Engineer shall make the
determination .
b . The Homeowners ' Association is to covenant and be
responsible for the maintenance of all facilities in
the private vehicle access way which are not maintained
by a public utility agency, except that all maintenance
work resulting from backfill failure is to be the
responsibility of the Homeowners ' Association (after
the one-year warranty period) . The developer is to be
responsible for maintenance of all facilities during
the one-year warranty period.
c . The connection between the private vehicle access way-
and the public street is to be by a standard driveway
type of connection . Driveway throat width (at back of
sidewalk ) shall be the same as the vehicle access way .
d. Safety lighting is to be provided on private vehicle
access way and on pedestrian-way facilities connecting
thereto . Lights shall utilize "vandal resistant"
enclosures , and shall have sufficient power and spacing
to provide an average maintained foot candle level of
0 . 12 . A uniformity ratio and increased lighting level
at entrance shall be provided to the satisfaction of
the City Engineer and Planning Director.
e . A recorded contract, to run with the land, is to be
established providing the City with authority to repair
and/or maintain the private vehicle access way in the
event the Homeowners ' Association fails to so maintain
in a manner that adequate access by vehicular traffic
is provided at all times , so that fire, police, health
and sanitation vehicles and public utility vehicles can
service the properties contiguous or adjacent thereto,
and so that said vehicles will have adequate turning
areas . Provision is to be made in the contract to
enable the City to recover costs of work performed by
the City in these access ways . The contract should
recite that the Homeowners ' Association grants the City
the authority to enter and repair and maintain the
private vehicle access way in consideration of the City
allowing the use of private vehicle access ways to less
than public street standards , and that repair costs
incurred by the City are to be shared, pro rata, by all
units and collected as assessments along with County
property taxes .
37 . The location of the garages adjacent to the fault zone shall
be subject to review and approval by the Alameda County
Geologist and City Engineer .
38 . Should this development not require Tentative Map approval
prior to any construction, the Applicant shall comply with
Engineering requirements as developed by the City Engineer .
These requirements shall cover grading, drainage,, flood
control, road construction and design, and the like.
39 . Based on the major traffic impact on the Sivergate Drive leg
of the Silvergate Drive/San Ramon Road intersection, the
developer be required to contribute $25, 000 toward the
design, construction, and inspection of a traffic signal at
San Ramon Road and Silvergate Drive (this represents
approximately 1/4 of the cost . )
40 . Sidewalk shall be completed along the Silvergate frontage .
41 . The develper shall be responsible for the following frontage
improvements along San Ramon Road:
a. One lane of traffic and 8 feet of shoulder ( 20 feet
pavement ) or equivalent .
b . Curb, gutter, and a 6-foot sidewalk.
C . Replacement of the bike path, where necessary, for
ultimate improvements .
d. Necessary drainage improvements . -
e . Related signing and striping .
f . Street lights on one side of street .
42 . Approval of this Planned Development is for two years as is
specified in Section 8-31 . 2 (b ) of the Zoning Ordinance .
PASSED, APPROVED AND ADOPTED THIS 12th DAY OF
March 1984 .
AYES : Councilmembers Hegarty, Jeffery, Moffatt and
Mayor Snyder
NOES : Councilmember Drena
ABSENT: None
(� Mayor
ATTEST:
City Clerk