HomeMy WebLinkAboutItem 4.13 Fredrich Properties PD
CITY CLERK
File # Dffi[5]~-~QJ
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June 6, 2006
SUBJECT:
Planned Development Prezone / Stage 1 Development Plan for
Fallon Crossing/Mission Peak and Fredrich properties for PA 04-
016
Report prepared hY' Mike Porto, Planning Consultant
ATTACHMENTS:
Staff Report from May 16, 2006 Council meeting, ineluding
proposed Ordinance.
.~
/1 . ~ Waive reading and adopt Ordinance approving Planned
(0 - Development Prezone / Stage I Development Plan for Fallon
Crossing/Mission Peak and Fredrich properlies.
RECOMMENDATION:
FINANCIAL STATEMENT: None
DESCRIPTION:
Standard Pacific Homes is proposing 10 ~onstruet approximately 103 single-family homes on 19,5 ~res of
a 67.S-aere site, The number of units proposed is consistent with the range of units allowed by the Eastern
Dublin Specific Plan. Access to the site is fi-om Tassajara Road by a new two-lane road that will extend
east from Tassajara Road tbrough the site. The project proposes a linear 1 a-acre park along the northern
area ofthe site, north ofthe area proposed for resIdential development and adjacent to an unnamed creek
corndor Additionally, the project includes the annexation and prezoning of the 7 93-aere Fredrich
property to the City of Dublin and DSRSD, localed adjacent to and west of Tassajara Road. There are no
development plans for the Fredrich property at this time. Al Its May 16,2006 meeting, the City Council
conducted a public hearing, waived lhe reading and introduced an Ordinance which would approve a
Planned Development Prezone / Stage I Developmenl Plan for the Fallon Crossing/Mission Peak and
Fredrich properties_
A '-luestion was raised by the Cily Council at the May 10,2006 hearing regarding which school district has
Jurisdiction over the properties. An agreement waS reached last year hetween the Dublin Unified School
___________________________~~__________________________~__________________n__________________.*~_____________
COpy TO: ApphcanUOwner
In-House DIstribution
ITEM NO.
4-.13
Pagel of 2
U:\PA#\2004\04-1J I ti MissioIl Peak. Standard Pacific\( \.:\ce cnn:it:nt calendar 51" (l-(J-{)(I,dnc
District and the Livermore School District to transfer lands in Dublin from the LIvermore Dislrict to the
Duhhn Dlslnct. That agreement becomes effective on July 1, 2006. The Standard Paeifie/Mission Peak
property was in the lransfer area and IS SllhJecllo that agreement. As of July I, 2006, the property will he
in the Duhlin Unified School District. The Fredrich property, west of TassaJara Road is currently in the
Dubhn Unified School Dlstnet houndary Thl~ mfom1al1on was obtained from Kim McNeeley at the
Dublin Unified School District.
RECOMMENDA nON:
Staff recommends thaI the Cily COllneil waive the second reading and adopt the Ordinance approving the
Planned Development Prezone / Stage I Development Plan for the Fallon Crossing/MissIOn Peak proJect.
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SUB.IECT:
ATTACHMENTS:
/tJfl6
CITY CLERK
File # D[6ll2JIOl-~
y.. 600-=0
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: May 16, 2006
PUBLIC HEARING: PA 04-016 Fallon Cro~Rlng (formerly
Mission Peak) and Fredrich Properties to consider Planned
Development (PD I Prezone / Stage 1 Develllpment Plan, Pre-
Annexation Agreement; Annexation Application, and Mitigated
Negative Deelaration.
Report Prepared bv Michael Porto. Planning Cunsultant
1
Resulubon approving a Mitigated Negative Declaration,
Statement of Overriding ConsideratIOns and a Mitigation
Monitoring Plan (Comment letters attached as Exhibit A and
MMP attached as Exhibit B).
Resolution authorizing initiation of application to annex the
MissIOn PeaklFallon Crossing and Fredrich Properties to the
City of Dublin and the Dublin San Ramon Services District
Annexation No 16 (Map and legal description of boundaries
attached as Exhibit A).
Rcsolution approving a Pre-Annexatiun Agreement between
City of Dublin and Standard Pacific Homes Annexation No
16 (Agreemcnt attached as Exhibit A).
Ordinance preUlning the Fallon Crossing project site to
Planned Devclopment District and approvlllg a related Stage
I Development Plan.
Project Area Map
Fallon Crossing Stage 1 Development Plan suhmission
Mitigated Negative Declambon (distributed under separate
cover).
Planning Commission Resolution No 06-11 recommending
City Council adopt a mitigated negative declaration.
Planning Commission Resolution No. 06-12 recommending
City Council adopt an ordinance approvmg a Planned
Development Prezoning and Stage I Development Plan.
Planning Commission Resolution No. 06-13 recommending
City Council direct Staff to file an application with the
Alameda County Local Agency Formation Commission
2.
3
4
5
6
7
8.
9
10
COPY TO:
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Page I of9
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Attachment
G:\Po\#\2004\04.0l6 Mission Peak. Standard Pacific\CC\CCSR rallon l.rossiTlg 5-ltl-06.dnc
RECOMMENDATION:
~w
FINANCIAL STATEMENT:
Jl..of/6
(LAFCo) for annexation to the City of Dublin and the Dublin
San Ramon Services District.
II Draft Planning Comr1'ussion minutcs of April 25, 2006.
12. Planning ComrlllSSlOn staff report dated April 25, 2006
(without the attachments).
1.
2.
3.
Open public hearing;
Receive Staff presentation;
ReceIve tesl1mony from the Applicant and the Property
Owner;
Close public hearing;
Deliberate;
Adopt Resolution approving a mitigated negative
declaration, statement of overriding consIderatIons and a
mitigation monItoring plan;
Adopt Resolution authorizing initiation of Application to
Annex the MiSSIon PeaklFallon Crossing and Fredrich
Properties to the City of Dublin and the Duhlin San Ramon
Services District Annexahon 16,
Adopt ResolutIOn approving a pre-annexation agreement
between the City of Dublin and Standard Pacific Homes
Annexation No. 16, and
Waive reading and introduce the Ordinance prezoning the
Fallon Crossing project site to Planned Development district
and approving a related Stage 1 Development.
4.
5.
6.
7.
8.
9.
No financial impact
DESCRIPTION:
The prOject area includes approximately 73.97 acres (see Project Area Map he10w). It includes two
properties held by two separate owners as shown m Table 1 below with 67.8 acres (or over 90% ofthe
land) undcr one owncrship. Standard Pacific Homes (Standard PaCIfic Corporation) is the owner of the
larger parcel currently known as Fallon CroSSIng and formerly known as Mission Peak:. The annexatJon
application and prezoning has been initiated by this owner the other properly consisting of the Frcdriehs
b.l? acres is owned by Thomas Fredrich. As it is yet to be annexed, the project arca is located within the
Imineorporated area of Alameda County within the City's Sphere ofInAuenee (SOl) near the northeasterly
City limits.
The project area is gem:rally loeated northeast of the Tassajara Road and Fallon Road mtersection.
Tassajara Road and an unnamed cast fork drainage tributary of TassaJara Creek run north to south through
the area and divide thc two land holdings. The Fredrich property lies west of Tassajara Road and Fallon
Crossing is to the east. The project area is bounded: a) to the north of Fallon Crossing by hIgh hills of
unincorponlted rural acreage witlun unincorporated Alameda County (Moller Property) and the
unmcorpof'<lted V urgas property north of the Fredrich property; b) to the east umneorporated area which is
part of the DuhIin Ranch Project (Lin Family holdings); c) to the west by the recently annexed Dublin
Ranch West (formerly Wallis Ranch acquired by the Lin Family), including Tassajara Creek; and d) to the
south hy Dublin Raneh West panhandle west of Tassajara Road and Silvena Raneh/Pinn Brothers
Page 2 of9
301--/5
property, a residential project of approximately 250 units currently under constructIOn. east otTassajara
Road.
Improvements are limited to a well and pump house on the Fallon Crossing property and a single family
residence with ancillary agriculture-related structures on the Fredrich property The east fork ofTassajara
Creek which divldes lhe two pmpertles IS vegetaled with dense trees, shrubs, and ground cover but also
supports sparse riparian vegetation.
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The project area generally consists of vacant hillside and non-natIVe annual grasslands. Fallon Crossing is
characterized hy high hills 111 the north and east and lower hills in the southeast. A natural drainage area
slopes generally to the west and southwest toward the east fork tributary of TassaJara Creek. The
proposed location for residential development IS the gently rolling or more level area in the southwest of
the site cast of Tassajara Road. Smaller patches of native perelU1ials may be found on the north-facmg
slopes. The Fredrich property hu a low hilltop servmg as the site of the existing residence. The property
generally slopes to the southeast and southwest towards the junction of Tassajara Creek to the west and its
cast fork tributary that divides it from Fallon Crossing.
The annexation property is currently zoned for agriculture by Alanleda County. Since the property is
wltlun the City's Sphere Of Influence It also has been Included in the General Plan and Eastern Dublin
Specific Plan Area for planning putposes. Since the proposed prezoning and Stage 1 Plamed
Development plan are consistent with the existing land uses, amendments to the General Plan OT Eastern
Dublin Specific Plan would not be required.
The two properties included within the area proposed for annexatIon and prezoning are listed in Table I
below Table I shows, fOT each parcel, lhe Assessor Parcel Nwnber (APN), owner's name, acreage,
location, and the owner's position on the annexation.
Page 30f9
'I ~ r /b
Table 1: Properties within the Project Areal AnnexatIon Area
985-0002-00 I
liS47 Tassajara Road
o7.XO ac
Standard Pacific Homes
Fallon Crossing
Fredrich
Ycs
Yes
985-0004.0'02':03- 6R47-Ta<sajara Road
Total:
6.17 ac
73,97 ae
The proposed Project includes: 1) Approval of a Mitigated Negative Declar-.ll1on; 2) Prezonmg of both
properties for annexation to the City of Dublin; 3) Approval of a PD-Planned Development Zoning
District with related Stage 1 Development Plan; 4) Application for Annexation of both propertIes to the
City of Dublin and to the Dublin San Ramon Services Dlstnct (DSRSD); and 5) Pre-Annexation
agreement with Standard Pacific Homes (Attachment 3, Exhibit A).
General Plan and Eastern Dublin Specific Plan Consistency:
The propertIes lie wlthm two subareas of the Eastern Dublin Specific Plan - Tassajara Village subarea
west of Tassajara Road and the Foothill Residential subarea east of l'assajara Road. The propertJ.es are
identified in the initial Eastern Dublin Specific Plan as the Herrera property (currently the Fredrich
Property) and Mission Peak Homes (currently Fallon Crossing), owned by Standard Pacific Homes. Since
the adoption of the inihal Eastern Dublin Specific Plan, precise alignments have been established and
roadway dedicated from the Fallon Crossing property for the Tassa.Jara Road and Fallon Road right-of-
way The proposed development for the residual Fallon Crossing property is consistent with the
applicable General Plan and Eastern Dublin Specific Plan designations for rcsldenhaI. rural residential and
open space.
Fallon CrosslOllIs proposed to be a residential neighborhood of 103 single family detached homes with
requisite open space, pedestrian corridors, infrastructure, and landscapmg. No improvements arc
proposed for the Fredrich property at this time; however, the land use designation of Medium High
DensIty ReSldenhal In the Genet'oil Plan and Eastern Dublin Spccific Plan, would allow future apphcatlon
for 47 to 85 residentiallmits and Neighborhood Commercial development. However, a significant portion
of the NeIghborhood CommercIal deSIgnated property is impacted by a creek bed and special specles
status. It is a situation that is similar to Wallis application that the City Council approved previously, in
that the Neighborhood CommercIal land use designation will be eliminated when development IS
proposed on the Fredrich property Access to the Fallon Crossing project would be from a new two-lane
road that will extend east of Tassajara through the development creatIng a four-way intersection at Fallon
and Tassajara Roads. The Fallon CrOSSIng project refines the Eastern Dublin Specific Plan in two areas:
J) development would not extend into the 30% slope area near the northwest boundary ofthe property as
allowed with Rural Residential land use designation, and 2) II 100-foot sclbaek from the top-of-bank on
the east fork of Tassajara Creek has been meorporated into the project design, The Planned Development
(PO) prezoning and Stage 1 Development Plan reflects the land use designations and general layout of
public improvements shown in the General Plan and Eastern Dublin Spe(afic Plan. The steeper slopes and
ridgelines on site arc designated as opell space. However, remedial grading may extend beyond the
proposed development envelope.
There we two constructed pond features on site. One is located in the northeast area of the sIte close to
the creek. The other is located hal f way into the intcnnittent drainage way at the hase of the hillside and
fed by seasonal seeps. Both were recently constructed as a mItigation measure for sensitive or endangered
species habitat since spe<:ial status ammals could potentially be found on site. Both ponds will he
Page 4 01'9
preserved in their eXlstmg condihon and neither will be disturbcd by the proposed~gefj~ent.
B1()loglcal assessments were conducted as part of the environmental assessment. No identified wetlands
arc located within the proposed project and no special or endangered plant species were: identlfieu on the
project site. No biological resource analysis was undertaken fOT the Fredrich propcrty but would be
required if a development application is submitted.
ANALYSIS:
Annexation
The prOject site IS currently wlthm umncOlporated portion of Alameda COlmty and within the Sphere of
Influence (SOL) for the City of Dublin as established by the Alameda County Local Area Formal1on
ComnnsslOn (LAFCo). The LAFCo IS a State mandated local agency that oversees boundary changes to
cities and special districts, the fOlmation of new agencies including incorporation of new cities, and the
consolidation of existing agencies. Although currently outside the City limIts, the City has planned for the
eventual annexation of this area through the General Plan and the Eastern Dublin Specific Plan, including
the number of residential units anticipated and the project population which will reside in those units. The
majority land owner, Standard Pacific Homcs, has requested armexation prior to proceeding with
development. The Fredriehs have also consented to the annexatJOn.
Following annexation, the City would have jurisdiction and authority over plan approvals, and the project
will be serviced by the City and the analogous service distncts. Also requested is annexation to the
Duhlin San Ramon SeTVIces District (DSRSD) which serves that portion of the City with water and sewer
services. The area already is within the 501 of the DSRSD The applical10n for annexatIon (or
reorganizatton, as referenced by LAFCo) includes a list ohpeclfic requncments with the most significant
bemg: 1) prezomng by the City, and 2) a muniCipal servIces plan. The adopted prczoning must be
consistent WIth the City's General Plan.
With reference to the annexation, the current action before the City Council is to consider a rcsolution
authorizing Staff to initiatc an application to LAFCo for the armexations of the 73.97-lIcre project area to
the City of Dublin and the DSRSD The proposed mmexatlOns are consistent with City's planning efforts
and would provide for the logIcal and orderly extension of urban services to the eastern portion of Dublin.
Planned Development Prezon;ng/Stage I Development Plan
The proposed Planned Development District with Stage I Development Plan will serve as the pre<lomng
prerequisite for annexation. Proposed Stage I land uses consistent with the land use designatll:ms for both
the General Plan IlIld the Eastern Dublin Specific Plan are shown as follows for the Fallon Crossing properly;
the Stage I Development Plan lor thc Fredrich property reflects existing residential and agricultural uses:
Table 2: Proposed Prezoning (In net acres)
~r.opoled Prezontn
acrel Densi Units
19.5 5.3 103
1.0 n/a n/a
46.8 nla n/a
Subtotal
.5
67,80
nla
n/a
103
FREDRICH PROPERTY
Existin ResidentJal A . culture
Subtotal
617
6,17
73,97
I
Grand Total
104
Page 5 of9
Note: h~J Ib
The acreage figure for Fallon Crossing will be further defined with the subnnltal of a Tentative Tract
Map.
The annexahon area would he pro-zoned PO-Planned Development District. The related Stage 1
Development Plan specifies the intent, intensity of use, pennitted uses, and conditional uses for the
properties adopted through the prezoning ordinance consIstent wIth the land use designations identified in
the General Plan and Eastern Dubhn SpecIfic Plan. The Stage 1 Development Plan ineludes: the
development concept, pennitted uses, conditional uses, general development standards, project access &
circulation plan, phasing plan, conceptual landscape plan, and master infrastructure plan. The Stage 1
Development Plan for the Fredrich property provides for contInuIng the existing uses. The entire 73 97-
acre area, including the smaller Fredrich property, will be subject to prezoning and the Stage I Planned
Development Plan.
Fallon Crossmg proposes 1(') develop as one phase 103 units of single family residential development with
associated infrastructure, open space, and environmental protection features. One amenIty IS a 1- acre
linear park north of the proposed residential development and along the unnamed ereck corridor at the
base of the slope and along the east fork of Tassajara Creek. The park will include a pedestrian trail,
sitting areas, small play areas, and native landscaping. This park will prOVIde a passive recreation area for
neighborhood resldenbl.
Grading will be required to proVIde building pads, road, and proper drainage. Some off-site grading of an
existing hillside on the property south of the project site will be required to meet the slope ratIO standards
of the Eastern Dublin Specific Plan. Other hillside grading on site will be required 10 provide suitable
slope ratios and correct soil conditions. Grading of the site is proposed 10 take into consideration the hilly
terrain. Wherever possible, development would be contoured to hillsides in order to avoid excessive cuts
and fills. To minimi~e VIsual impact, most of the residential development would be tucked behind the
ridgeJine visible from Fallon Road. Only.8 acres of the proposed 19.5 acres of smgle-famiIy development
will have slopes in excess of 30%. The proposed open space configu1'\ltion would enhance the natural
eIlVIronment hy preserving hillSIdes, creek corridors, and wildlife habitat.
A detention basin system is proposed north of the I-acre hnear park near the unnamed tributary of
TassaJanl Creek. All surface runoff from Ihe developed areas of the site will be discharged into this
system which also would include a nearby water quality pond.
A descnption ofproJcct CItculahon is a requirement oCthe Stage 1 PO zoning. Tassajara Road currently is
a two-lane road extending from Dublin Ranch over the hills and across Into Contm Costa County It is
well-traveled, but requires upgrading to support development. The Eastern Dublin Specific Plan plans for
Tassajara Road to eventually be expanded to six lanes. Fallon Road ends at a T-mtersection at Tassajara
Road. Fallon Road will be constructed south of the project site as a condition of approval for the
SilvenaIPmn Brothers project. VehIcular and pedestrian access to Fallon Crossing will be from both
Tassajara Road and Fallon Road. Tassajara Road frontage improvements and mterseel10n Improvements
at the crossing of these two streets would be completed with Uus proJect. A separate traffic analysis by
TJKM was prepared and submitted to address circulation and traffic impacts to thc area that result from
the proJect. ThIS Item IS included lIS an appendix to lhe Mitigated Negative Declaration.
Tassajara Road and Fallon Road are currently identified by the City as scenic corridors with standards for
preservmg VIews of scemc ndgeJines and knolls Crom the corridor. Compliance WIth these standards will
be reviewed with the Stage 2 Development Plan. A large portion of Fallon Crossing, 46.8 acres (or 69%
of the property), will be permanently preserved as open space. Most of this area is steep slope and
Page 60f9
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vIsually SenSl!1ve /'Idgehnes. The open space and hillside areas will be owned and maintained by a
homeowners association. The creek bank and corridor will be subject to a creek hank restoral1on and
stabilization plan. Vegetation in the east fork tributary of TassaJara Creek would remain after
development oflhe property
The Applicant has submitted a conceptual landscape plan and streetscape plan which addresses typical lot
layout, plant palene, parks and trails, open space and the creek bank stabilization and restoration plan and
tS Included In Attachment 6
The development concept for the area strives to preserve the natural environment and create a community
that is compatible with the natural terrain. A more detailed site plan, specific development standards, and
a Sile Development Review with design criteria will bc submitted with the Stage 2 Development Plan
following annexation.
Upon annexation, the Stage 1 PO would become City zoning. No development would be approved poor
to approval of a Stage 2 Development Plan adopted by the City identifyin" regulations for the
Improvement and mamtenance of the property in accordance with Dublin's Zoning Ordinance. A Stage 2
Plan would not be approved Wltil after annexation and would come before the Plannmg CommIssion and
City Council.
Pre-Annexation Agreement
The goals and policies of the Eastern Dublin Spccific Plan require annexation and new development to be
revenue neutral. A Pre-Annexation Agreement is rC'Juired by the City prior to its agreement to rcqucst
LAFCo's approval for annexation. Only Standard PaCIfic Homes will be a party to the Pre-Annexation
Agreement. Tn this case, Pre-Annexation AlVCement is based on the advance payment, or reimbursement
of fWlding for the area improvements with emphasis, among other IelD1S and condilions, on the fire station,
fire impact fees, development impact fees, and off-site or fel!lonlll Improvements such as the Fallon
RoadlI-580 Interchange improvements. The Pre-AnnexatIon Agreement is included with this staff report as
Exhihit A to Attachmenl3
ENVIRONMENTAL REVIEW:
The annexation and prezoning project is in Eastern Dublin and the Eastern Dublin Specific Plan area, which
was the subject of an Envirnnmental Impact Report, cert,fied by the City Council on May 10, 1993 (SCH #
91103064, Resolution 51-93, incorporated herein by reference, heIellfter "Eastern Dublin EIR"). The
Eastern Dublin EIR is a program EIR that anticIpated several subsequent actions related to future development
III Eastern Dublin. The ETR idenl1fied some impacts from implementation of the General Plan/Specific Plan
that could not be mitigated. Upon certification of the EIR, the City adopted a statement of overriding
consldenlilOns for sueh Impacts. Pursuant to the Communities for a Better Environment case, the City
Council will be required to adopt II new Statement of Ovcniding Considerations for SIgnificant unavoidable
impacts identified by the Eastern Dublin E1R as applicable to the proposed project. The City also adopted a
mitigation monitoring program, which included numerous measures intended to reduce impacts fium the
development of the Eastern Dublin area. The timing for implementation of these mItIgation measures is
summarized in the adopted Mitigation and Monitoring Program matrix. As further discussed below, the City
proposes to approve a Mitigated Negative Declaration for the current project.
ConsIstent WIth the Dublin Genenll Plan and Eastern Dublin Specific Plan, the current project proposes
annexation of approximately 73.97 acres to the City and DSRSD, and approval of a Planned
Development District prezoning with related Stage 1 Development Plan. The project area consists of the
b7.80 acre Fallon Crossing property and the 6.17 acre Fredrich properly The PD prczoning and Stage 1
Development Plan propose future development of 103 single family homes on an approximately I <'>.5 acre
portion of the site, with the remamder of the sIte proposed for open space and park uses. No development
Page 70[9
is proposed on the Fredrich property; the Stage 1 Development Plan would provide for c~nii!{~on of
the existing rcsidential uscs.
The City prepared an Inmal Study dated Fcbruary 9, 2001i to detennine whether there would be
supplemental environmental nnpaets occurring as a result of this project beyond or different from those
already addressed in the Eastern Dublin ElR. The Imtial Study reviewed the proposed Stage I
Development Plan site plan and also reviewed updated biological and traffic studies for the development.
Based on the project description which retams more than two-thims of the site in open space, and the
updated techmcal sludles, the Initial Study determined that the Fallon Crossing project could result in
significant but miligatable site-specific impacts. Because no development is proposed for the Fredrich
site, no impacts were Identified for that portJon of the project. A Miligated Negative Declaralion WilS
prcpared for the project and circulated for public revIew from February 14, 2006 to March 16,2006. The
City received three comment letters. Although CEQA does not require wntten responses to comments on
a Mitigated Negative Declaration, the City prepared brief responses to the comments it received, as
summarized below. The comment letters and responses arc included m the attached draft rcsolutton
recommending adoption ofthe Mitigatcd Negative Declaration (Attachment 1).
1 Caltrans letter dated March 2, 2006. CaItrans notes that all work within the state right-of-way
requires state approval.
2. Zone 7 letter dated March 7, 2006. Staff notes that the project lI1cludes II proposed detenhon basin
that IS mlended to control peak runoff rates and ensure no net increase in runoff dramage from the
proJect. As a tilllture incorporated into the project itself, the detention basin does not also need to
be idenlified as a mitigation measure. Staff also notes that the Project will be required to consult
with Zone 7 on coordination with their flood control facilities.
3 Alameda County Public Works Agency letter dated March 21,2006. Staff notes that the Project
will be required to restore construclion damage to county roads and that the proposed detention
basin will conlml downstream erOSion and flooding by holding nmoff onsite for eonlmlled
release. DeSIgn level hydrology reports and plans will be required prior to development permits
and will be reVIewed by the County Flood Control District as well as the City
Staff carefully reviewed the comments and deterrnined that they do not raise any Issues regarding the
adequacy of the Mitigated NegatJYe Declaration. Staff recommends adoption oflhe draft MND as set
forth in Attachment 1
Inelusionary Zoning/Affordable Housing
The project would be required to comply with the City's Inclusionary Zoning Ordmanee for affordable
housmg. This provision requires new residential projeets to offer 12.5% of the units within the new
residential project as affordable. The standards also allow for payment in-lieu of construction up to 40%
of the reqUired affomable units. Fallon Crossing proposes to provide eight (8) affordable units, and pay
an in-lieu fee for the remamder of their obligation. No agrcements are currently in place whlch would
satisfy the affordahle housing requirements for either property. However, compliance would be required
when each property devclops, and an arrangement would be agreed upon prior to approval of the TentatIve
Trd-Ct Map and Site Development Revicw
Planning Commission Action
The Planninll Commission at theIr meeting of April 25, 2006, considered the Mitigated Negalive
Declaration, a preZOnIntl Ordinance adopting a Stage I Planned Development Plan and a recommendation
directing Staff to file an application With LAFCo to annex these properties.
Page 80f9
.. d d h C' C .1 .d r..f /5' h
The PJannmg CommIssIon unanimously reeommen e that t e Ity OUllCI consl er approvmg t e
Mitigated Ncgative Declaration (Attachment 8), adopting an Ordinance approving a Stage 1 PIarmed
Development Prezoning (Attachment 9) and dirccting Staff to file an application with LAFCo for the
subJect properties (Attachment 10). The minutes of the April 25, 2006 Plarming CommIssIOn meeting are
included as Attachment II
Public Noticing
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
CONCLUSION:
The proposed prezoning to PIarmed Development (PD), lUIIIexation, and Stage 1 Development Plan is
consistent with the General Plan and the Eastern Dublin Specific Plan and is in the public intCTCSt by
minimizing slope disturbance and protecting natural drainage areas. The Stage 1 Planned Development
ptezoning will mamtam scemc comdor qualItIes, and enhance the natural environment. It also serves as
prezoning required for thc annexation application to LAFCo. The Mitigated Negative Declaration
recommended for adoption by the City Cowwil addresses the envlfonmenlal impacts associated wlth the
proposed project through previous environmental documentation, and mitigation measures specific to the
proposed project. Thc requcsted annexation arca is within the City's Sphere of hrlluence (SOn and
represents a lOgical step towards incorporation of the SOl area.
RECOMMENDATION:
Staff recommends that the City Council. 1) Open public hearing; 2) Receive Staff presentation; 3) Receive
testImony from the Applicant and the Property Owner; 4) Close public heanng; 5) Deliberate; 6) Adopl
Resolubon approvmg a mttigated negative declarabou, statement of overriding considerations and a
mitigation monHonng plan (Attachment 1); 7) Adopt Resolution authorizing initiation of application to
annex the Mission PeakfFallon Crossmg and Fredrich Properties to the City of Dublin and the Dublin San
Ramon Services District Annexation No. 16 (Attachment 2); 8) Adopt Resolution approving an pre-
annexation aweement between the City of Dublin and Standard Pacific Homes Anncxation No.
l6(Attaclunent 3); and 9) Waive reading and introduce the Ordinance prezoning the Fallon Crossmg
project sIte to the Planned Development dlstnct with a related Stage 1 Development Plan (Attachment 4).
Page 9 of9
/0 ~f /5
ORDINANCE NO. XX - 06
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * ******* **** ****** **** ***** * * *** **** *** *
PREZONING THE FALLON CROSSING PROJECT SITE TO THE PLANNED
DEVELOPMENT DISTRICT AND APPROVING A RELATED STAGE 1 DEVELOPMENT
PLAN
PA 04-016
The City Council of the City ofDuhhn does ordain as follows:
SECTION 1: FINDINGS
A. Pursuant to Section 8.32.070.A and B, and Sechon 32.120.050.A.I of the Duhlin Mumcipal
Code, the City Council rinds as follows.
I The Planned Development Prezone and related Stage 1 Development Plan meet the mtent and
purpose of Chapter 8.32 of the Zoning Ordinance because they provide a Stage I Development
Plan for the Project that will create a desirable use of land and an environment that will he
harnlOnious and compatihle WIth existing and potential development in surrounding areas and
because the site plan mcorporates and ret1ects development pohclCs and pattcrns from the
General Plan and Eastern Duhhn SpecIfic Plan.
2. The Planned Development Prezomng and Stagc I Development Plan is consistent with Chapter
8.32 of the City's Zonmg Ordmance because the Stage I Development Plan establishes uses
and standards to ensure that the Project will be eompatihle with existing and proposed
residential and other uses In the immediate vicinity
B Pursuant to Sechons 8.120.050.A and B of the Dublin MUl11clpal Code, the City Council finds
as follows.
I The Project site IS physll;ally suitable for type and intensity ofthls Project in that it is intended
to conform with City pohcles related to hillside development. The Project is designed to
minimally affect the eXIsting topography and terrain of the site; has adequate access; and is of
a sufficient size to provide an efficient resldenl1al project while preserving senslhve open
space areas.
2. The proposed Plarmed Development Prezoning and Stage I Development Plan will not
adversely affect the health or safety of persons residing or working in the vicmlty, or be
detrimental to the public health, safety or wel fare because the Stage I Development Plan has
been designed in accordance WIth the General Plan and Eastern Dublin SpecIfic Plan, will
comply with all applicable development regulatIOns and standards, and will Implement all
adopted ImlIgalIon measures.
3 The proposed Plmmed Development Prezomng and Stage I Development Plan IS consistent
with all clements and policies of the Dubhn General Plan and the Eastern Duhlin Specific
Plan. The Stage I Development Plan COnfOllTIS to the elements and policies of those plans
through the provision or open space and wildlife habItat protection required by the Land Use,
Parks and Open Space and Conservation Elements, roadways consistent with the CirculatIon
Element, adequate puhhc facihhes as required by the Schools, Puhlie Lands and Utilities
Element, housing as desired by the Housmg Element, and safe deSIgn as required by the
Seismic Sarety and Safety Element.
110(;5"
4 The Planned Development Prezoning and Stage I Development Plan will provIde efficIent Llse
of the ProJeet site lands pursuant to the General Plan and Eastern Dublin Specific Plan policies
that inelude the preservation of significant open areas and natural and topographic landscape
features with minimum alteration of natural land forms
C Pursuant to the California Enviromnental Quahty Act, the City Council adopted a Mitigated
Negative Deelaration, Statement of Overriding Considerallons ami Mihgation Monitoring Plan for the
Project on May 16, 2006 Resolution , incorporated herein by reference.
SECTION 2. MAP OF THE PROPERTY
PUrSUallt to Chapter 8.32, Title 8 of the City of Dublin Municipal Code the City of Duhlin Zoning Map is
amended to prezone the following property ("the Property") to a Plarmed Development Zoning Distnct:
73.97 acres generally located west and east of Tassajara Road, north of the Pinn
Brothers/Silveria Ranch project and south of the Moller Ranch. (APNs: 985-0002-001 & 985-
0004-002-03 ).
A map of the prezomng area is shown helow'
.v,.;!!t')'.'."'~'.~n(~;'o(..'t'I
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_~.N' III )~ / , OJ1!CT
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-. f. ....""'... ."'-.... t:~-"-. --1-
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4.i" I~
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SECTION 3. APPROVAL
The regulations for thc use, devclopment, improvcment, and maintenance of the Property are set
forth in the Jollowing Stage 1 Development Plan for the Project area which is hereby approved_ Any
amendments to the Stage 1 Development Plan shall he in accordance with section 8.32.080 of the Dublin
Municipal Code or its successors.
Stage 1 Developmeot Plao for Falloo Crossiog (PA 04-016)
This is a Stagc I Development Plan pursuant to Chapter 8.32 of the Dubhn Zomng Ordinance. This
Development Plan meets all the requirements for a Stage I Development Plan and is adopted as part of
the PO-Planned Development prezomng for the Fallon Crossing project, PA 04-016 The Stage I
Development Plan consists of the items and plans identdied below, many or whi"h arc contained in a
separately bound document titled Stage 1 Development Plan, Fallon Crossing & Frednch Properties,
dated Ap,;l 13, 2006 ("Stage 1 DP booklet"). The Stage 1 DP hooklet is incorporated herein by reference
and IS on file 111 the Duhhn Community Development Department under filc no. PA 04-016. The pl)-
Planned Development Dlstnct and thIS Stage 1 Development Plan provide t1exibility to encourage
ilmovatlve development while ensuring that the goals, pollcles, and actIOn programs of the General Plan,
Eastern Dublin Spceifie Plan, and provisions of Chapter 8.32 of the Zomng Ordinan"e are satisJied.
2
;,Po(b
1 Statement of Peml1tted Uses. Pernlitted, conditional, and accessory uses are allowed as
follows.
A) PD Single Family Residential
Intent: Single Family land use designations are estabhshed to a) reserve appropriately
located areas ror family living at reasonable population densItIes consIstent wIth
sound standards ofpuhhc health and safety; b) ensure adequate light, air, privaev
and open space for each dwelhng; c) provIde space for semi-public facilities
needed to complement urban residential areas and for mstitutions that require a
residential environment; and d) accommodate single family housmg, lllcluding a
wide range of units from small-lot and zero-lot line units to large lot estate umts.
Intensitv of Use: 9 -Ii 0 dwellmg units per acre
Permitted U~es:
Single family dwelling
Accessory structures and uses in accordance WIth SectIon 8 40.030 or the Dublin Zoning
Ordinanec
Community care facility/small (permitted if required by law, otherwIse as eondihonal use)
Home occupation in accordance with Chapter 8.64 of the Dublm ZODlng Ordmal1ce
Pllvate recreatwn facihty (rot homeowners' association atldlor tenant use only)
Small family day care home per Chapter S.llS of the Dubhn Zoning Ordinance
Second residential unit, if built by initial homebuilder, in accordance WIth appropriate
regulations of the Dublin Zoning Ordinatlee (Chapter 8.80l
Conditional Uses.
Ambulance service
Bed and breakfast inn
Day care center
Large family day care home
Parking lot - residential
Religious facility
School/private
Second residential unit, if not built by initial homebuilder, in accordance with Stage 2
Plann"d Developmcnt
Accessory Uses:
All Accessory Uses shall be III accordance with Section 8.40 of the Dublin Zomng
Ordinance
Temporary Uses:
Temporary construetUl\1 trailer
Tract and sales office/model home complex
B) PD Neighhorhood Park (Private)
Intent: Neighborhood open space and reerealHlnal areas, both active and passive.
J
/30f/5
Permitted Uses, including but not limited to
Neighhorhood Park
RecreatIOnal or educal10nal facility
TraIl staging area
C) PD Open Space
Intent: Open Space land use designations are established to ensure the protection 0 r those
areas of special significance.
Permitted U.~e, including but not limited to
Public or private infrastructure
Public recreation facility - active or passive
Trails and maintenance roads
Other recreational or educational raeility
Trail stagmg area
Uses allowed hy the U S. Army Corp or Engineers under Section 404 and 1603
agreements
Water quality, dramage, and other SImilar facilitles, including swales and basins
Areas with slopes over 30 percent
Stremns and drainage protection corridors
Woodlands
ConservatIOn areas
Wildlife habitat preservation
Visually sensitive ridgclines
Permitted or Conditional u.~e.., including hut not limited to
Agriculture and grazing (if not already existing)
Pllvate recreatIOn facihty - active or passive
2. Stage I SIte Plan. See Stage 1 DP booklet, p. 18
3. SIte Area, Proposed Densities. As shown helow for Fallon Crossing/Mission Peak.
Gross Midpoint Density Number of units
.... ,-~
land Use Acres Density Range proposed min - max
-~~ .
PO Single Family Residential 19.5 ac 3.99 du/ac .9 -6 du/ac 103 du 17.117 du
-'~~.~
PO Neighborhood Park
1.0 ac
n/a
n/a n/a
n/a n/a
n/a n/a
-.-- ...-",.",..- -
1.52 du/ac 103 du
----....
n/a
nfa
PO Open Space
Right-ot-way
46.8 ac
n/a
n/a
n/a
nfa du
.5 ac
n/a
TOTAL
67.8 ac
Residential
Non-Residential
nfa
4
/'10(/5
4 Phasing Plan. Fallon Crossing is proposed to be developed in one phase.
5 Master Nelghhorhood Landscaping Plan. See Stage I DP booklet, P 20.
6. General Plan and Specific Plan Consistency The Project is consistent wIth the remdenhal
uses and denSItIes shown for the sIte m the General Plan and Eastern Dublin Specific Plan. No
amendment to either plan is proposed.
7 Inelusionary Zoning Regulations. See Stage I DP booklet, p 7 Fallon CrossmglMission Peak
proposes to provide eIght (8) affordable umts, or 67 'Yo, and pay an in-lieu fee for the
remainder or their obligation. No agreements currently are in place which would satIsfy the
affordahle housing requirements for eIther property However, eomplianec would bc required
when each property develops, and an arratlgement would be agreed upon pllor to approval or
the Tentative Tract Map and Site Developmcnt Review
8 Aerial Photo. See Stage I DP booklet, p 17
9. Applicable ReqUIrements ofDubhn Zomng Ordmanee. Except as specifically provided in this
Stage I Development Plan, the use, development, improvement atld mamtenance of the
Property shall be governed by the provlSlons of the Dnhlin Zoning Ordinance pursuant to
section 8.32.060 C
10. Development Concept. Fallon Crossing is proposed to be a residential neighborhood of 103
single fatmly detached homes WIth reqUIsIte open space, pedestrian corridors, infrastmeture,
atld landscaping. The Development concept for tile area stllveS to preserve the natural
environment and create a community that is compatible with the natural terralll hy
emphaslzmg: open space, hillsides and ndges, scenic corridors, and the environs of the
Tassajara Creek tributaries associated WIth senslhve hahitat preservation. A more dctailed site
platl, specific development standards, and a Site Development ReVIew WIth design criteria will
be submitted with the Stage 2 Development Plan following annexahon.
Tassajara Road and Fallon Road currently are identified by the City as scenic corridors with
statJdards for preserving views of scenic ridgelines and knolls from tile comdor Steeper
slopes and ridgelines on site arc designated as open space. Grading of the sIte IS proposed to
take into eonSlderatlOn the hilly terrain. Wherever, possible development would be contoured
to hillSIdes III order to aVOId excessIve cuts and fills. To minimize visual impact, most of the
residential development would be tucked behmd the lldgeline visible from Fallon Road
The I-acre linear park serves as open space and will inelude a pedestrian trail, slthng areas,
small play areas, and native landscaping. In additJon, It will serve as a wildlife habitat and
passage. A mlmmum setback of 100 feet from the top of the bank of the creek and Its
tributaries will be maintained as well as eXIsting ponds constructed on site as habitat for
potenl1ally sensllIve or endangered wildlife.
11 Fredrich Property No development is proposed or approved for the Fredrich property All
residential and agneulturaluses existmg at the effective date of the armexation are pellmtted to
continue until the property owner applies for and the City approves amendment of the PD-
zoning atld adoption of a new Stage I Development Plan m accordance with the Platmed
5
/5 pflS'
Development DIstrict provisions of the Zomng Ordmanee. Minor expansIOn of eXIstmg uses
shall be subject to revIew and approval by the Director ofCommumty Development.
SECTION 4. EFFECTIVE DATE AND POSTING OF ORDINANCE
This Ordinance shall take effect and be enforced thirty (30) days following Its adoption. The City Clerk
of the City of Duhlin shall cause this Ordinance to be posted m at least three (3) publIc places m the City
of Dublin In accordance with Section 36933 of the Government Code orthe State ofCaliforola.
PASSED AND ADOPTED BY the City Council of the City of Dublin, on this _ day of
__~.....' 2006, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
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