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HomeMy WebLinkAboutItem 6.1 Greenbriar GPA/SP CITY CLERK File# 0420-30 AGENDA STATEMENT CITY COUNCIL MEETING DATE: March 7, 2000 SUBJECT: PUBLIC HEARING: PA 98-062, Greenbriar Land Company (Yarra Yarra Ranch) General Plan Amendment, Specific Plan Amendment and Planned Development Rezone Report Prepared by:~nnis Carrington, Senior Planner/Zoning Administrator ~ ATTACHMENTS: 1. Resolution approving the Mitigated Negative Declaration 2. Resolution amending the Eastern Dublin Specific Plan/General Plan Land Use Diagrams 3. Ordinance approving the Planned Development Rezone, a Stage 1 Development Plan for the entire project and Stage 1 and Stage 2 Development Plan for the first phase of the project' BACKGROUND ATTACHMENTS (by Reference): . 5. 6. 7. o o 10. 11. 12. 13. Dublin General Plan Eastern Dublin Specific Plan Eastern Dublin Stream Corridor Restoration Program EIR for Eastern Dublin Specific Plan and General Plan Amendment (including Addendum date May 4, 1993) SCH# 91103064; and Addendum dated August 22, 1994 City Council Resolution Certifying Eastern Dublin Specific Plan and General Plan Amendment Program EIR (Resolution #51-93) City Council Resolution adopting Eastern Dublin Specific Plan and General Plan Amendment; adopting findings and approving overriding considerations; and adopting Mitigation Monitoring Program ("Matrix") for EDSP EIR (Resolution #53-93) City Council Resolution approving Prezoning of annexed land (Resolution # 10-94) Draft Mitigated Negative Declaration, Initial Study and Mitigation Monitoring Program for this project Mitigation Monitoring Program ("Matrix") for EDSP EIR Letters of comment on Mitigated Negative Declaration G/pa98062/ccsr3-7~00 COPIES TO: Applicant Property Owner PA File ITEM NO. 14. 15. 16. Response to comments on Mitigated Negative Declaration Discussion of 300 foot setback from creek issues Typical Public Works General Conditions of Approval RECOMMENDATION: o 2. 3. 4. 5. 6. 7. ° . 10. Hear Staff Presentation Open Public Hearing Hear Applicant's Presentation Question Staff, Applicant and the Public Close Public Hearing Deliberate Adopt Attachment 1, Resolution approving the Mitigated Negative Declaration Adopt Attachment 2, Resolution amending the Eastern Dublin Specific Plan/General Plan Land Use Diagrams Waive reading and introduce the Ordinance approving the Planned Development Rezone and Stage 1 and Stage 1 and Stage 2 Development Plan Continue the public hearing until March 21, 2000 FINANCIAL STATEMENT: None DESCRIPTION: The Greenbriar Land Company Tassajara Creek development project is located on the Yarra Yarra ranch within the Eastern Dublin Specific Plan area on the West-side of Tassajara ROad, north of the Casterson Development (APN 986-0002-002-02). A total of 445 dwelling units (and four accessory dwellings for ranch workers) will be provided on 64.39 acres. In its first phase on the East Side of the creek, the project will provide 126 small- lot detached single-family units on an 18.85-acre site. Four subsequent phases will provide 319 dwelling units on the remaining 45.54 acres of the project site. The relatively level property is divided by Tassajara Creek that flows north-south through the middle of the project. A regional trail and stream corridor buffer are proposed along the east shore of the creek for phase 1 of the project. The project is proposed to have an average setback of 137 feet from the original top of bank of the creek. The creek corridor area is designated 'Open Space' on the General Plan and Eastern Dublin Specific Plan and an open space easement is a requirement by the Tentative Map. The developer will dedicate and construct the portion of the regional public trail system along the Tassajara Creek corridor that crosses the site as part of Phase 1. A total of 10.88 acres, including the creek and adjacent slopes, will be dedicated as open space. The application includes a Specific Plan/General Plan Amendment and a Planned Development (PD) Rezone, which includes a Stage 1 and Stage 1 and 2 Development Plan. A Vesting Tentative Map and Site Development Review for this project were approved by the Planning Commission on February 22, 2000. A Development Agreement is also required prior to approval of the Final Map. BACKGROUND: The Eastern Dublin Specific Plan was adopted by the City of Dublin in November 1993 and established land use designations for approximately 3,300 acres of land east of the Camp Parks military reserve. The property was prezoned as a Planned Development District on' October 24, 1994, and identified for Medium Density Residential use. A large component of the plan area was annexed to the City in 1995, including this property owned by Marjorie Koller and Carolyn Adams. 2 The site was first used by Europeans for grazing in the 1800's. The existing neo-classical residence was constructed around 1905. The Kamp family owned the property from 1910 until 1959 and used it as a dairy farm. The property was purchased by the Koller family in 1959 and has since been used as a horse ranch and equestrian center. As discussed later in this report, the structures on the site are not significant examples of their style or period and are not eligible for inclusion in the California Register. ANALYSIS: GENERAL PLAN/SPECIFIC PLAN AMENDMENT The current General Plan and Eastern Dublin Specific Plan designations for the site are Medium Density Residential, Public/Semi-Public, and Open Space. The change to the General Plan and Eastern Dublin Specific Plan land use diagrams will involve approximately 16.4 acres of land that was previously designated as a Junior High School site (Public/Semi-Public) on the land use diagrams. The adopted Eastern Dublin Specific Plan acknowledged that, while several school sites were reserved on the Land Use Map, the need for these schools will depend upon the actual demand generated by development within the Specific Plan area and the possibility of development in the eastern-most portion of the General Plan area. Based upon the facilities plan confirmed by the Dublin Unified School District, the District determined that this school site is not needed to serve future students in the East Dublin Area. It is appropriate that the predominant adjacent plan designation be applied when a publicly designated area is no longer needed for that purpose. The Applicant is proposing with Staff concurrence that an Amendment be made to the Dublin General Plan and Eastern Dublin Specific Plan land use diagrams to remove the Public/Semi-Public - Public Facility designation and apply the predominant adjacent plan designation of Medium Density Residential. A traffic analysis has determined that these changes would result in a net reduction of traffic. The proposal for 445 Units on 64.39 acres (6.91 dwelling units per acre) is consistent with the density range of the Medium Density Residential plan designation (6.1 to 14.0 units per acre). With this minor amendment to the land use diagrams, all components of the project would be consistent with the Dublin General Plan and Eastern Dublin Specific Plan. PLANNED DEVELOPMENT REZONING The Dublin Zoning Ordinance establishes the intent and requirements of a Planned Development District. The intent of the Planned Development Zoning District is to create a more desirable use of the land, a more coherent and coordinated development, and a better physical environment than would otherwise be possible under a single zoning district or combination of zoning districts. This district requires that a generalized Stage 1 Development Plan divide the project up into phases and that a more detailed Stage 1 and Stage 2 Development Plan be adopted for Phase 1 of the project to establish regulations for the use, development, improvement, and maintenance of the property within the requested Planned Development Zoning District. STAGE 1 DEVELOPMENT PLAN (FOR THE ENTIRE PROJECT) A Stage 1 Development Plan is proposed for all 64.39 acres of the project. It includes the first phase of 126 units on the west-side of Tassajara Creek at the south end of the Yarra Yarra Ranch, interim uses in phases 4 and 5 and future development on phases 2 through 5. 3 Analysis of Stage 1 Development Plan Statement of proposed uses. The Development Plan outlines the permitted, conditional and accessory uses for both the PD-Medium Density Residential area and the PD-Open Space areas. The Medium Density Residential area allows single-family dwellings for phases 1, 2, 4 and 5. Single-family dwellings and multi-family dwellings are allowed in Phase 3 on the West-side of Tassajara Creek. Conditional uses for phases 1, 2, 4, and 5 are as established by the R-1 Zoning District. Conditional uses for phase 3 will be determined by a future Development Plan. The accessory uses for all phases of the project are as determined by the Zoning Ordinance. The Open Space area allows no land uses other than a private water well, a public trail, a maintenance road and any maintenance activities necessary for the private water well, public trail, or maintenance road. Two bridges may cross the creek but must span any areas designated Open Space. Two outfalls may be constructed within the creek setback. Interim uses. Lot 129. The interim use for Lot 129 at the north end of the project along Tassajara Road is an equestrian center including a large covered arena, with several barns, a single-family dwelling unit and two accessory living units for ranch-related workers. The future use for Lot 129 is a maximum of 79 dwelling units. Lot 131. The interim use for Lot 131 (the future residence of Mrs. Koller) at the north end of the project west of Tassajara Creek is a single family dwelling unit and two accessory living units for ranch-related workers. If the accessory living units are not built by Mrs. Koller, they may not be built by any subsequent owner. The accessory living units may not be sold separately of the main dwelling. The future use for Lot 131 is a maximum of one dwelling unit. Stage 1 Site Plan. The Stage 1 Site Plan consists of Sheet PUD 4 of 17 of the project plans. Site area, proposed densities and phasing plan. The site area, proposed densities and phasing for the Stage 1 Site Plan are shown in the following chart: PHASE NO. LOT/ MAXIMUM NO. OPEN ACRES DU's PD PARCEL DWELLINGS SPACE /AC STAGE PARCEL NO. BY PHASE 1 1-126, A 126 C 18.85 6.68 1 and 2 2 127 & 128 46 D, E 6.47 7.11 1 B,G,H 3 130, J, K 193 F 16.19 11.92 1 4 129, I 79 (+2 ACC. 10 7.9 1 DU'S) 5 131 1 (+2 ACC. DU'S) 2 .5 1 OPEN SPACE C 0 4.53 1 and 2 OPEN SPACE D, E, F 0 6.35 1 TOTAL 445 64.39 6.91 Master Neighborhood Landscaping Plan. PUD Sheets 14 through 16 of the project plans constitute the Master Neighborhood Landscaping Plan showing preliminary landscaping for Phase 1 and conceptual landscaping for subsequent phases. General Plan and Specific Plan Consistency. The Development Plan contains a statement that the Stage 1 Development Plan is consistent with the General Plan and Eastern Dublin Specific Plan designation (as amended) of Medium Density Residential. Inclusionary Zoning Regulations. The Development Plan contains a written statement that this project will comply with the Inclusionary Zoning Regulations by entering into an Affordable Housing Agreement with the City and by paying an in-lieu fee. STAGE 1 AND 2 DEVELOPMENT PLAN (FOR THE FIRST PHASE OF THE PROJECT) A Stage 2 Development Plan is proposed for Phase 1 of the project with 126 dwelling units on 18.85 acres. This phase consists of 78 single-family cluster homes and 48 traditional single-family homes. Four distinct two-story floor plans with up to three elevations are proposed for the homes. The cluster homes will range in size from 1,816 to 2,343 square feet on lots that will have a minimum size of 2,800 square feet and an average size of 3,719 square feet. The traditional homes will range in size from 2,296 to 3,113 square feet on lots that have a minimum size of 3,950 and an average size of 4,855 square feet. The cluster homes will be grouped in Clusters of seven units per court. Four of the homes will have driveways that can be used for parking two cars each. Three of the clustered homes will have short (5 foot) driveways. Each cluster will have a four-space parking bay. The development concept is depicted in the diagrams included in the Stage 1 and Stage 2 Development Plan. Analysis of Stage 1 and 2 Development Plan' Statement of Compatibility with Stage 1 Development Plan, The Stage 1 and 2 Development Plan for the first phase of the development is consistent with the Stage 1 Development Plan for the entire project. Statement of proposed uses. The Stage 1 and 2 Development Plan proposed_ uses are single-family dwellings for phase 1. Conditional and accessory uses are as established in the R-1 Zoning District. The Open Space area allows no land uses other than a private water well, a public trail, a maintenance road and any maintenance activities necessary for the private water well, public trail, or maintenance road. Two bridges may cross the creek but must span any areas designated Open Space. Two outfalls may be constructed within the creek setback. Stage 1 and 2 Site Plan. Sheet PUD 1 of 17 of the project plans constitutes the Stage 1 and 2 Site Plan and shows the location and arrangement of Proposed land uses, circulation system, parking areas, limits of grading and the phasing boundaries. Site area, proposed densities and phasing plan. The site area, proposed densities and phasing plan are as shown in the chart above. Development Regulations. Detailed Development Regulations for Phase 1 for the single-family cluster homes and traditional single-family homes are established. The regulations address lot dimensions, size, with and depth. Regulations are established regarding setbacks, accessory structures, building height, architectural projections, residential massing and parking. Architectural Standards. The architectural standards for Phase 1 are established by the architectural drawings in the project plans. It is understood that these plans are conceptual but must be generally followed pursuant to the Site Development Review process addressed later in this staff report. Preliminary Landscaping Plan. PUD Sheets 14 through 16 of the project plans constitute the Preliminary Landscaping Plan. A condition of the Site Development Review requires the submittal of a Final Landscaping and Irrigation Plan that must conform to the Preliminary Landscaping Plan and the requirements of the Zoning Ordinance. Dublin Zoning Ordinance. The Dublin Zoning Ordinance general requirements and procedures will apply for this project unless specifically modified by this Planned Development Rezone. School Mitigation Agreement. The Developer must enter into a written school agreement with the Dublin Unified School District. The agreement will address the level of mitigation necessary including school impact fees, the time of payment and similar matters. Creek improvements. All creek improvements must be completed as part of Phase 1 prior to the occupancy of any dwelling units. Compliance with PUD Plans. The project must substantially comply with the project plans. The approval of the project would incorporate this Stage 1 and Stage 2 Development Plan, in accordance with the City's Zoning Ordinance, as well as the Eastern Dublin Specific Plan requirement for a "District Planned Development Plan". The approved Planned Development (PD) Rezone and Stage 1 and Stage 2 Development Plan will include all text and diagrams attached as Exhibit A to Attachment 3. ENVIRONMENTAL ISSUES Stream Restoration Plan A Restoration Plan prepared by Zentner and Zentner dated received April 29, 1999 and incorporated by reference, is proposed that will plant Valley Oaks, native shrub clusters, native grasses to restore the native habitat that has been degraded by ranch uses and structures currently within the creek setback area. The Restoration Plan will also provide a Red Legged Frog breeding pool. The Tassajara Creek corridor has been designed to take advantage of a natural open space feature through the development of public regional trail and creek buffer with native landscaping. A 12-foot wide trail with 2 and 4-foot wide gravel shoulders, also serving as a maintenance road, will parallel the east bank in Phase 1 of the project. The creek area will retain most of its natural trees and shrubs except for where one stormdrain outfall will be constructed for Phase 1 and another stormdrain outfall and two bridges will be constructed in future phases. The planting of the Valley Oaks will compensate for the loss of trees to outfall and bridge construction. The Eastern Dublin Stream Restoration Program is applicable to this project, and requires that the creek corridor be reserved for the regional public trail and open space. The project proposes an average setback of 137 feet from the original top of bank of Tassajara Creek. All proposed project elements (with the exception of the outfalls and bridges, habitat restoration work and segments of the regional trail) are more than 100 feet from the original top of bank of Tassajara Creek. Red-Legged Frog The California Red-Legged Frog (Rana aurora draytonii) (RLF) is a Federally listed threatened species pursuant to the Endangered Species act of 1973. A RLF was discovered in Tassajara Creek by a biologist reviewing this project on behalf of the City of Dublin. The City has prepared a Mitigated Negative Declaration and Initial Study for this project. The City has determined that this project will not have significant environmental impacts to the RLF or RLF habitat based on the Initial Study and mitigation measures thereof, studies prepared by the Applicant's biologist, Zentner and Zentner and mitigation measures of the Eastern Dublin Specific Plan/General Plan EIR. The RLF findings of the Initial Study are as follows: o o o . o Potential breeding habitat for the RLF exists in the aquatic portions of the creek channel, which will not be physically impacted by the project; Potential RLF foraging and/or estivation habitat consists of riparian woodlands adjacent to the creek and upland aquatic and riparian areas where sufficient cover is provided by existing vegetation, structures or stored materials. Impacts to riparian habitat will be temporary and consist of the installation of two stormdrains and construction of two bridges spanning the creek. Upland habitat outside of the buffers will be permanently developed for residential use; No upland RLF migratory routes to adjacent properties west of Tassajara Road will be blocked by the project; The proposed buffer from the creek, which averages 137 feet in width, is adequate to minimize impacts to RLF to a level of less than significant; A series of proposed RLF mitigation measures have been included in the Mitigated Negative Declaration and Initial Study prepared for this project. In addition the construction of an off-channel pond, pre-construction surveys, split-rail fencing and vegetative restoration, will mitigate temporary construction-related impacts to RLF to a less than significant level with mitigation incorporation. Comment Letters and Response Letters The City has received 11 letters commenting on the Mitigated Negative Declaration (Attachment 13). The City's written responses to these letters of comment are located in Attachment 14. The comment letters generally assert that: o 2. 3. 4. The Mitigated Negative Declaration is not an adequate document. A wider creek setback of 300 feet be provided. An EIR be prepared because the listing of the RLF as "threatened" is new information. Dry weather flows from the storm drain outfalls into the creek will erode the stream banks rendering them susceptible to bank failure during high flows. The City, working in conjunction with the City's biological, consultant LSA, has determined that the concerns raised in the letters commenting on the MND are adequately addressed by the Eastern Dublin FEIR, the MND, project design, and development standards/conditions of approval. A brief discussion of each issue listed above follows. 1. The City feels that the MND and the previous EIR are adequate review per CEQA. Many comments generally reflect a disagreement between Department of Fish and Game biologists and the City's biologists. Based on the applicant's and City's biologists review of site-specific conditions, the mitigation measures and MND are adequate. 2. A wider creek setback of 300 feet is not necessary because site specific biological studies have resulted in the detection of one RLF in the creek and no RLF in the upland areas. Due to the few observations of RLF during several surveys it is unlikely that RLF will be moving to adjacent upland ' habitat on the project site. The disturbed riparian habitat on the creek will be reestablished. The current habitat will be suitable for use by the RLF. There is no current barrier to the movement downstream to this site by RLF from occupied upstream habitat. Therefore the site has not been eliminated from possible use by the RLF and the RLF will not be removed from Tassajara Creek by this project. 3. The program EIR prepared for the Eastern Dublin General Plan Amendment and Specific Plan evaluated individual and cumulative impacts to RLF and California Tiger Salamander (CTS). As a designated "candidate" species for federal listing and a state "Species of Special Concern" at the time, the EIR identified potentially significant impacts on the RLF even though RLF were not seen on the project site at the time. The impacts to the RLF are not a new significant effect because they were already addressed in the EIR. The adopted EIR mitigation measure requirement of a creek buffer remains adequate even though there may be disagreements among biologists as to the appropriate width of the buffer. The Mitigated Negative Declaration continues to treat the RLF as a significant impact pursuant to the EIR and refines the mitigation to reflect site-specific conditions and the biology of the creek as it passes through the project site. Based on site-specific studies, the applicant's and the City's biologists agree that the EIR mitigations as refined in the Mitigated Negative Declaration will continue to reduce any impacts to RLF to less than significant. The City has therefore determined that a subsequent EIR is not required. 5. The City feels that there will be no erosion of the stream banks rendering them susceptible to bank failure during high flows. The applicant's engineer, RJA, has worked with the City Public Works Department and Zone 7 to design outfall structures that will not cause erosion and that can be constructed without encroachment into the aquatic zone of the creek. The outfall structure will contain permeable drain rock that will filter low flows rather than allowing the water to flow directly into the creek. The rock will be placed over an impermeable barrier causing the water to percolate horizontally through the structure. This will prevent the soil from being saturated which could weaken the stability of the structure and the adjacent slope. Further, the creek soils consist of stiff to hard clays that have a low susceptibility to erosion. OTHER ENVIRONMENTAL ANALYSIS This project is within the Dublin General Plan's Eastern Extended Planning Area and the Eastern Dublin Specific Plan area, which was the subject of an Environmental Impact Report, certified by the City of Dublin in 1993 including revisions to Part I of the Responses to Comments relating to the Kit Fox, and Addendum to the DEIR dated May 4, 1993 and a DKS Associates Traffic Study dated December 15, 1992 (SCH91103064) (see Background 9). The General Plan/Specific Plan EIR is a program EIR, which anticipated several subsequent actions related to future development in Eastern Dublin. The EIR did identify some impacts from implementation of the General Plan/Specific Plan, which were not able to be mitigated. Upon certification of the EIR, the City adopted a statement of overriding considerations for such impacts, some of which relate to this project (e.g.; visual impacts and biological impacts). The City also adopted a mitigation monitoring program, which included numerous measures intended to reduce impacts from the development of the Eastern Dublin area. These mitigation measures apply to project approvals and actions at various stages in the development process, and will be applied to this project as applicable primarily through Development Plan standards and VTM Conditions of Approval. The timing of these mitigation measures is indicated in the City's EIR mitigation monitoring matrix. An Initial Study, dated October 12, 1999, was prepared for the project, to determine whether there will be additional environmental impacts occurring as a result of this project beyond or different from those already addressed in the Program EIR. The Initial Study's focused evaluation of pertinent project-level environmental issues include traffic, noise, and biological effects, cultural resources, and public service issues such as wastewater and schools. Each of these issues has been the subject of supplemental environmental studies addressing potential environmental effects at the project level. In each case, studies have determined that the project will not have any additional significant environmental impacts that were not evaluated in the earlier EIR. Recommendations from the supplemental studies are included in the project description and/or are reflected in the Development Plan standards/conditions of approval. The Initial Study discusses the provisions of the project, conditions, and applicable mitigation measures of the Program EIR, which address environmental concerns. A copy of the EIR, the Initial Study, and the supplemental environmental studies regarding these issues are incorporated in this Staff Report by reference (copies are available for review at the Dublin Planning Department, 100 Civic Plaza, Dublin, CA 94568). CONCLUSION The applicable City Departments and agencies have reviewed this application, and their comments have been incorporated into the Development Plan standards and Conditions of Approval. The proposed project is consistent (as amended) with the Dublin General Plan, Eastern Dublin Specific Plan and the Zoning Ordinance. The project is a well-designed community that will provide attractive housing in a livable setting. RECOMMENDATION Staff recommends the City Council open the Public Hearing, hear the Applicant's Presentation, question Staff, Applicant and the Public, close the Public Hearing, deliberate and: . o . Adopt Attachment 1, Resolution approving the Mitigated Negative Declaration Adopt Attachment 2, Resolution amending the Eastern Dublin Specific Plan/General Plan Land Use Diagrams Waive reading and introduce the Ordinance approving the Planned Development Rezone and Stage 1 and Stage 1 and Stage 2 Development Plan Continue the public hearing until March 21, 2000 (g:pa98062\CCSR3-7-00.doc) RESOLUTION NO. xx-00 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ADOPTION OF A MITIGATED NEGATIVE DECLARATION FOR PA 98-062, GREENBRIAR LAND COMPANY TASSAJARA CREEK RESIDENTIAL PROJECT - GENERAL PLAN/SPECIFIC PLAN AMENDMENT, PD REZONING, VESTING TENTATIVE MAP, SITE DEVELOPMENT REVIEW AND DEVELOPMENT AGREEMENT WHEREAS, Patrick Costanzo, Jr., on behalf ofMarjorie Koller (Applicant/Developer), has requested approval of a General Plan/Specific Plan Amendment and Planned Development Rezone/Stage 1 and Stage 2 Development Plan, Vesting Tentative Map and Site Development Review to allow for the subdivision of a 64.35 acre parcel for a residential subdivision of 445 residential lots, with public and private open space, and a regional trail along the Tassajara Creek stream corridor, in the Eastern Dublin Specific Plan area; and WHEREAS, the project site is in Eastern Dublin for which the City adopted the Eastern Dublin General Plan Amendment and Specific Plan to provide a comprehensive planning framework for future development of the area. In connection with this approval, the City certified a program EIR pursuant to CEQA Guidelines section 15168 (SCH: 91103064, Resolution 51-93, and Addendum dated August 22, 1994, hereafter ("Eastern Dublin EIR" or '*Program EIR") which is available for review in the Planning Department and is incorporated herein by reference. The program EIR was integral to the planning process and examined the direct and indirect effects, cumulative impacts, broad policy alternatives, and areawide mitigation measures for developing Eastern Dublin; and WHEREAS, the Eastern Dublin EIR identified potentially significant environmental impacts and related mitigation measures, which the City adopted together with mitigation findings and a Mitigation Monitoring Program (Resolution 53-93), which mitigation measures and monitoring program continue to apply to implementing development projects in Eastern Dublin; and WHEREAS, the Eastern Dublin EIR also identified potentially significant environmental impacts that could not be avoided by mitigation and for which the City adopted a Statement of Overriding Considerations pursuant to CEQA; and WHEREAS, the.Greenbriar Land Company Tassajara Creek Residential Project is a development proposal to implement the Eastern Dublin Specific Plan; and WHEREAS, the City prepared an Initial Study to evaluate site-specific impacts of the project to a greater level of detail than in the program EIR. Based on the Initial Study, the City prepared a Mitigated Negative Declaration (SCH: 99102104) and Mitigation Monitoring Program for the project with the finding that with implementation of the miti~g~i.0~n measures previously adopted for the program EIR and site specific mitigation m0~sures cont~%~ in tho ![~tial StudY and agreed to by the developer, and as further clarified in the Re~!~onse to Conl!!!¢nts, t~p ~otential site-specific impacts of the project will be less than significa~ii and ~'~ ~'~'~ ' WHEREAS, a complete application for [1~ project is ~vailable andon file in the Planning , Department; and ATTACHMENT 1 WHEREAS, a 30 day public review period was held for the Mitigated Negative Declaration, from October 31, 1999 to November 29, 1999; and WHEREAS, Eleven letters commenting on the Mitigated Negative Declaration were received during the public review period from local, state and federal agencies, and from other interested commenters, primarily regarding the project[3s effects on two special species, the red-legged frog and the California tiger salamander; and WHEREAS, through responses to comments received, information has been added to the Mitigated Negative Declaration which merely clarifies or makes insignificant modifications to the document; and WHEREAS, all comments received during the public review period have been responded to and are attached to the project staff report by reference; and WHEREAS, pursuant to CEQA Guidelines section 15074.1 (b), the responses to comments include a substitute Mitigation Measure 1 which is equivalent or more effective in avoiding potential impacts to the red-legged frog than the original Mitigation Measure 1 and that it in itself will not cause any potentially significant effects on the environment in that the substitute measure would require that if a red-legged frog is sighted during construction, all work within 100 feet of the location of the sighting will cease until a biologist verifies that no red-legged frog are present in the work area; and WHEREAS, the Planning Commission did hold a properly noticed public hearing on the project on February 22, 2000 at which time they reviewed and considered the Mitigated Negative Declaration and all reports, recommendations and testimony before them and recommended that the City Council adopt this Resolution; and WHEREAS, the City Council did hold a properly noticed public hearing on the project on March 7, 2000 at which time they reviewed and considered the Mitigated Negative Declaration and all repons, recommendations and testimony before them. NOW, THEREFORE, BE IT RESOLVED that the above recitals are incorporated in this resolution. BE iT FURTHER RESOLVED that the Dublin City Council does hereby find that: A. The proposed development is within the scope of the program EIR. Site-specific environmental effects have been analyzed in an Initial Study/Mitigated Negative Declaration which determined that the project will not have a significant effect on the environment with the application of mitigation measures identified in the program EIR and'the Mitigated Negative Declaration. There is no substantial evidence in light of the whole record before the City that'the project as mitigated will have a significant effect on the environment. B. The program EIR and Mitigated Negative Declaration adequately describe the impacts of the project. As further discussed in the Initial Study and responses to comments, there have been no substantial changes in the project or new information which necessitate supplementing the program EIR pursuant to CEQA section 21166 and CEQA Guidelines section 15162 in that 1. The proposed project complies with the land uses, densities, and development policies of the Eastern Dublin GPA/SP. 2. There are no substantially changed circumstances that involve new or substantially more severe significant impacts. In particular, listing of the red-legged frog and on- going research are not a changed circumstance or new information as impacts to this and other sensitive species and their habitat were analyzed as significant impacts in the program EIR. 3. There is no new information showing new or substantially more severe impacts. C. The mitigation measures identified in the program EIR and the Mitigated Negative Declaration are included in the project description as applicable and are reflected in related Development Plan standards and Vesting Tentative Map conditions of approval. D. The Mitigated Negative Declaration has been prepared in accordance with State and local environmental laws and guidelines. E. The Mitigated Negative Declaration is complete and adequate and reflects the City's independent judgment and analysis as to the environmental effects of the proposed project. BE IT FURTHER RESOLVED that the Dublin City Council does hereby adopt the Mitigated Negative Declaration for PA 98-062, Greenbriar Land Company Tassajara Creek Residential project, including the Initial Study and responses to comments which are incorporated herein by reference. PASSED, APPROVED and ADOPTED this 7th day of March, 2000. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk K2/G/3-7-00/reso- greenbr-negdec .do<> (Item 6.1) G:pa98062/ccndres RESOLUTION NO. xx-00 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE GENERAL PLAN AMENDMENT AND SPECIFIC PLAN AMENDMENT, FOR PA 98-062 THE GREENBRIAR LAND COMPANY TASSAJARA CREEK RESIDENTIAL DEVELOPMENT WHEREAS, Patrick Costanzo, Jr., on behalf of Marjorie Koller and Carolyn Adams (Applicant/Developer), has requested approval of a General Plan amendment and a Specific Plan Amendment to allow for the subdivision of a 64.35 acre parcel for a residential subdivision of 445 residential lots, with public and private open space, and a regional trail along the Tassajara Creek stream corridor, in the Eastern Dublin Specific Plan area; and WHEREAS, Applicant/Developer has submitted a complete application for a General Plan Amendment and Specific Plan Amendment which is available and on fde in the Planning Department; and WHEREAS, Applicant/Developer has submitted a General Plan Amendment and Specific Plan Amendment Map (Exhibit A to Attachment 3), labeled PUD Sheet 3 of 17, dated received September 2, 1999, and amended to state "Specific Plan Amendment Map" as well as General Plan Amendment Map, and WHEREAS, the General Plan Amendment and Specific Plan Amendment propose to amend their respective plans to change the land use designation of 16.4 acres at the southerly end of the Yarra Yarra property on the East side of Tassajara Creek from Public/Semi-Public - Public Facility (Junior High School site) to Medium Density Residential; and WHEREAS, the Dublin Unified School District has determined that it does not need the subject land designated Public/Semi-Public- Public Facility Applicant; and WHEREAS, the lands surrounding the subject land designated Public/Semi-Public - Public Facility are designated Medium Density Residential on both the Dublin General Plan and the East Dublin Specific Plan; and WHEREAS, the most appropriate .land use designation on both the Dublin General Plan and the East Dublin Specific Plans for the subject land designated Public/Semi-Public - Public Facility is Medium Density Residential; and WHEREAS, an analysis of traffic generation of both a Junior High School and a residential development at 6.91 dwelling units per acre revealed that the General Plan Amendment and Specific Plan Amendment to the Medium Density Residential land use designation would result in a reduction of P.M. peak traffic; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) the City has found, that based on the Eastern Dublin Program EIR and the project MND, the project as proposed, conditioned and mitigated will not have a significant environmental effect (Resolution XX -00); and WHEREAS, the Planning Commission held a properly noticed public hearing on said applications on February 22, 2000, at which time it recommended that the City Council adopt this Resolution; and WHEREAS, the City Council held a public hearing on said applications on MarchT, 2000; and ATTACHMENT 2 WHEREAS, the City Council held a public hearing on said applications on March 7, 2000; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a StaffReport was submitted to the City Council recommending approval of the General Plan Amendment and Specific Plan Amendment; and WHEREAS, the City Council did hear 'and use their independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby make the following findings and determinations regarding said proposed General Plan Amendment and Specific Plan amendment: o The proposed Amendments are consistent with the goals, general provisions and purpose of the Dublin General Plan and the Eastern Dublin Specific Plan as proposed to be amended herein; and . The Amendments are appropriate for the subject property in terms of land use compatibilities; will not overburden public services; and will provide a comprehensive plan for development of the site while preserving portions of the site for open space; and , The changes to the General Plan and EDSP will provide a revision to the land use designations for this property, changing approximately 16.4 acres from "Public/Semi-Public - Public Facility" to "Medium Density Residential" as reflected on Sheet PUD 3 of 17, included as a part of Exhibit A to this resolution. The change to this land use is in the public interest and is appropriate~based upon the analysis contained in the staff report, will provide a development pattern consistent with the Specific Plan goals, will reduce automobile traffic, and will help implement policies of the General Plan and EDSP regarding development in Eastern Dublin . The Amendments 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 FURTHER RESOLVED THAT THE Dublin City Council does hereby approve the General Plan Amendment and Specific Plan Amendment for PA 98-062 from Public/Semi-Public- Public Facility to Medium Density Residential: PASSED, APPROVED AND ADOPTED this 7th day of March, 2000. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk K2/G/3-7-00/reso-greenbr-gpa.doc (Item 6.1) g:\98062\CCRES,GPA, SPA ORDINANCE NO. XX - 00 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING THE ZONING MAP TO REZONE PROPERTY LOCATED AT 5374 TASSAJARA ROAD (APN: 986-0002-002-02) TO A PLANNED DEVELOPMENT ZONING DISTRICT AND ADOPTING A STAGE 1 DEVELOPMENT PLAN FOR THE ENTIRE PROJECT AND ADOPTING A STAGE 1 AND STAGE 2 DEVELOPMENT PLAN FOR PHASE 1 FOR THE GREENBRIAR LAND COMPANY TASSAJARA CREEK (YARRA YARRA RANCH) RESIDENTIAL DEVELOPMENT PROJECT (PA 98-062) WHEREAS, Patrick Costanzo, Jr., on behalf of Marjorie Koller and Carolyn Adams (Applicant/Developer), has requested approval of a General Plan/Specific Plan Amendment, Planned Development Rezone, Stage 1 Development Plan for the entire project, Stage 1 and Stage 2 Development Plan for Phase 1, (Exhibit A to Attachment 3), a Vesting Tentative Map and a Site Development Review (Attachment 4) to allow for the subdivision of a 64.35 acre parcel for a residential subdivision of 445 residential lots, with public and private open space, and a regional trail along the Tassajara Creek stream corridor, in the Eastern Dublin Specific Plan area; and WHEREAS, the ApPlicant/Developer has submitted a Stage 1 Development Plan and a Stage 1 and Stage 2 Development Plan as required by Chapter 8.32 of Title 8 of the City of Dublin Municipal Code which meets the requirements of said Chapter; and WHEREAS, the site will be rezoned from the prezoning Planned Development (PA 94-030) to a new Planned Development Zoning District; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) the City has found, that based on the Eastern Dublin Program EIR and the project MND, the project as proposed, conditioned and mitigated will not have a significant environmental effect (Resolution XX - 00); and WHEREAS, the Planning Commission did hold a properly noticed public hearing on said applications on February 22, 2000, and did adopt Resolution recommending that the City Council approve the Planned Development Rezoning and a Stage 1 Development Plan for the entire development and a Stage 1 and Stage 2 Development Plan for Phase 1 for PA 98-062; and WHEREAS, properly noticed public hearings were held by the City Council on March 7, 2000, and March 21, 2000; and WHEREAS, the Staff Report was submitted recommending that the City Council approve the application; and ATTACHMENT 3 WHEREAS, the City Council approved the related Mitigated Negative Declaration and Mitigation Monitoring Program and General Plan Amendment/Specific Plan Amendment on March 7, 2000 (Resolutions 00 -XX and, 00 -XX); and WHEREAS, pursuant to section 8.32.070 and 8.120.050 of the Dublin Municipal Code, the City Council makes the following findings: 1. The proposed Planned Development Zoning District meets the intent and purpose of Chapter 8.32 of the Zoning Ordinance because it provides a Stage 1 Development Plan for the entire project and a Stage 1 and Stage 2 Development Plan for Phase 1, for the Greenbriar project that will create a desirable use of land and an environment that will be harmonious and compatible with existing and potential development in surrounding areas because the site plan has been designed to be compatible with the proposed and approved plans in the vicinity, including the Tassajara Creek open space area and regional trail and future residential homes approved to the east and south of the project. Adequate setbacks and complementary architectural designs and landscaping proposed in the Stage 1 and Stage 2 Development Plan for Phase 1, have been specially designed to provide an attractive living environment. 2. The project site is physically suitable for type and intensity of this residential project in that it is flat, has adequate access and is of a sufficient size to provide housing as well as open space for the future residents of the project. 3. The proposed Planned Development Rezone, the Stage 1 Development Plan for the entire project and the Stage 1 and Stage 2 Development Plan for Phase 1, will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety or welfare because the Stage 1 Development Plan for the entire project and the Stage 1 and Stage 2 Development Plan for Phase 1, have been designed in accordance with the City of Dublin General Plan, Eastern Dublin Specific Plan and Program EIR and Addenda. Additionally, project specific analysis has determined that the project's design is sensitive to biological features on site and to proposed surrounding land uses. 4. The proposed Planned Development Rezone, the Stage 1 Development Plan for the entire project and the Stage 1 and Stage 2 Development Plan for Phase 1, are consistent with all elements and policies of the Dublin General Plan and the Eastern Dublin Specific Plan because the project is within, and consistent with, the density range of the Medium Density Residential designation of both the City of Dublin General Plan Land Use Element and Eastern Dublin Specific Plan (as amended), and because it conforms to the elements and policies of those plans through the provision of archaeological and historic protection, erosion and siltation control policies, 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 public facilities as required by the Schools, Public Lands and Utilities' Element, Housing as desired by the Housing Element, and safe design as required by the Seismic Safety and Safety Element. WHEREAS, the City Council did hear and use its independent judgment and consider all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows: SECTION 1. Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code the City of Dublin Zoning Map is amended to rezone the following property ("the Property") to a Planned Development Zoning District: Approximately 64.35 acres generally located on Yarra Yarra Ranch on the West side of Tassajara Road, north of the Casterson development in the Eastern Dublin Specific Planning area, more specifically described as Assessor's Parcel Number 986-0002-002-02. A map of the Property is outlined below:  ALAMEDA COUNTY =.,.,~ ................. ~.:~.or.. -. ......:.:... ..~:.::.::.,.. . ..'-.'.. :.:_: :...',._. :.-'~.:-.- :..:... ............................ T. AS~ ~.?AR A ROAD · :.'. ]'..!' .: -.-:-~].._.-~....-~-:: ,, ... ~.: .:: .:. _- .:.. ;.:~ .: ~,.....~.;..-.~.~.~: .'.;];'::]:::;;.;'~,:?,.:X:~...i ..:i '~, .~ . ,? "~' :.......: .:.-~:.:... ~.:: ... [: ":: .:...:...-: :~ :. :....-.-...:...:.. ......... . , , . [ ~ , [ ~ ~ ~ ~,. ~ .~ : , ~ ~ ~ ' : i , , ~..:. ~ I ~ ~ i ~J fi~8 · . ~ ....... : ~. 'T~ 8pS~ ~ ~ . . i ~ ! ~ . , · . . .....~ · ,· . , , . . . ~ , SECTION 2. The regulations of the use, development, improvement, and maintenance of the Property are set forth in the Stage 1 Development Plan for the entire project and the Stage 1 and Stage 2 Development Plan for Phase 1, (Exhibit A to Attachment 3) which are hereby approved. Any amendments to the Stage 1 Development Plan for the entire project and the Stage 1 and Stage 2 Development Plan for Phase 1, shall be in accordance with section 8.32.080 of the Dublin Municipal Code or its successors. SECTION 3. Except as provided in the Stage 1 Development Plan for the entire project and the Stage 1 and Stage 2 Development Plan for Phase 1, the use, development, improvement and maintenance of the Property shall be governed by the prOvisions of the Dublin Zoning Ordinance. SECTION 4. This Ordinance shall take effect and be enforced thirty (30) days from and after the date of its passage. 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. PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin this 21 st day of March, 2000, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Mayor City Clerk Approved as to form City Attorney g:\PA98062\Ord STAGE 1 DEVELOPMENT PLAN AND STAGE 1 AND STAGE 2 DEVELOPMENT PLAN PLANNED DEVELOPMENT REZONE (PA 98-062) GREENBRIAR LAND COMPANY TASSAJARA CREEK Tract//7075 This is a Development Plan pursuant to Chapter 8.32 of the Dublin Ordinance for the Greenbriar Land Company Tassajara Creek development located on Yarra Yarra Ranch on the west side of Tassajara Road, north of the Casterson Development. The Development Plan consists of: 1. A Stage 1 Development Plan for the emire development. 2. A Stage 1 and 2 Development Plan for Phase 1. The Stage 1 Development Plan meets the requirements of Section 8.32.040.A of the Zoning Ordinance and consists of the following: o 2. 3. 4. 5. 6. 7. 8. Statement of proposed uses. Interim uses. Stage 1 Site Plan. Site area, proposed densities and phasing plan. Master Neighborhood Landscaping Plan. General Plan and Specific Plan consistency. Inclusionary Zoning Regulations. Aerial Photo. The Stage 1 and 2 Development Plan meets the requirements of Section 8.32.040.B of the Zoning Ordinance and consists of the following: . 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Statement of compatibility with the Stage 1 Development Plan. Statement of proposed uses. Stage 1 and 2 Site Plan. Site area, proposed densities and phasing plan. Development regulations. Architectural standards. Preliminary Landscaping Plan. Dublin Zoning Ordinance - Applicable Requirements. School Mitigation Agreement. Creek improvements. Compliance with PUD plans EXHIBIT A TO ATTACHMENT 3 STAGE 1 DEVELOPMENT PLAN 1. Statement of proposed uses. A. PD - Medium Density Residential Permitted Uses: Phases 1, 2, 4 and 5 a. Single-family dwellings. . Phase 3 a. Single-family dwellings. b. Multi-family dwellings. Conditional Uses: Phases 1, 2, 4 and 5. As provided for in the regulations and procedures of the R-1 Zoning District. . Phase 3. As determined by Stage 1 and 2 Development Plan at a later date. Accessory Uses: o Phases 1 - 5. As provided for in the regulations and procedures of the Zoning Ordinance. B. PD - Open Space No land uses are Permitted in open space parcels designated on the Site Plan and related Tentative Map other than a private water well, a public trail, a maintenance road and any maintenance activities necessary for the private water well, public trail, creek or maintenance ~oad. Two bridges may cross the creek but must span any areas designated open space. Two outfalls may be constructed within the creek setback. 2. Interim uses. Lot 129. The Interim Use for Lot 129, approximately 10 acres in the far northeastern comer of the subject property, shall consist of an equestrian center use including a large covered arena with stalls, several barns, a single family residence, up to two accessory living units for ranch-related workers no larger than 1,500 square feet in size, and several other structures such as barns, sheds, and storage units. The future use for this 1 O-acre parcel shall be Medium Density Residential with up to 79 units of density. Should the owner of this 1 O-acre equestrian facility wish to develop the property in the future, a maximum of 79 units will be permitted on the property. Lot 131. Lot 131 is a two-acre parcel at the northwestern comer of the subject property. The allowed use shall consist of a single family home with up to two accessory living units for ranch-related workers no larger than 1,500 square feet in size. The accessory living units may only be constructed by the original owner, Mrs. Marjorie Koller. If the accessory living units are not constructed by Mrs. Marj orie Koller, they cannot be constructed by any subsequent owner. The accessory living units may not be sold separately from the main dwelling unit on Lot 131. Allowed use for this lot will also include accessory structures such as sheds and storage units as regulated by the Zoning Ordinance. Should the owner of Lot 131 wish to develop this property in the future, a maximum of one unit will be permitted on the property. 3. Stage 1 Site Plan. The Stage 1 Site Plan consists of Sheet PUD 4 of 17 of the project plans dated received September 2, 1999 (hereafter, project plans). 4. Site area, proposed densities and phasing plan. PHASE NO. LOT/ MAXIMUM NO. OPEN ACRES DU's PD PARCEL DWELLINGS SPACE /AC STAGE PARCEL NO. BY PHASE 1 1-126, A 126 C 18.85 6.68 1 and 2 2 127 & 128 46 D, E 6.47 7.11 1 B,G,H 3 130, J,K 193 F 16.19 11.92 1 4 129, I 79 (+2 ACC. 10 7.9 1 DU'S) 5 131 1 (+2 ACC. DU'S) 2 .5 1 OPEN SPACE C 0 4.53 1 and 2 OPEN SPACE D, E, F 0 6.35 1 TOTAL 445 64.39 6.91 5. Master Neighborhood LandsCaping Plan. PUD Sheets 14 through 16 of 17 of the project plans constitute the Master Neighborhood Landscaping Plan. 6. General Plan and Specific Plan consistency. The proposed Stage 1 Development Plan is consistent with all elements and policies of the Dublin General Plan and the Eastern Dublin Specific Plan. The project is within, and consistent with, the density range of the Medium Density Residential designation of both the City of Dublin General Plan Land Use Element and Eastern Dublin Specific Plan (as amended). The project conforms to the elements and policies of those plans through the provision of: A) Archaeological and historic protection, erosion and siltation control policies, open space and wildlife habitat protection required by the Land Use, Parks and Open Space and Conservation Elements. B) Roadways that are consistent with the Circulation Element. C) Adequate public facilities as required, by the Schools, Public Lands and Utilities Element. D) Housing as desired by the Housing Element. E) Safe design as required by the Seismic Safety and Safety Element. 7. Inclusionary Zoning Regulations. In accordance with the Inclusionary Zoning Regulations, the Applicant shall be required to provide 5% of all housing to be affordable to those of very low, low' and moderate incomes or pay an in-lieu fee in the amount and at the times set forth in City Council Resolution 57-97, or other resolution revising the in-lieu fee provisions. The Applicant will not be building any affordable units and has elected to comply with the Inclusionary Zoning Regulations by entering into an Affordable Housing Agreement with the City and by paying in-lieu fees. 8. Aerial Photo. The aerial photo is as shown on PUD Sheet 2 of 17 of the project plans. STAGE 1 and 2 DEVELOPMENT PLAN 1. Statement of compatibility with the Stage 1 Development Plan. The Stage 1 and 2 Development Plan for the first phase of the development is consistent · with the Stage 1 Development Plan for the entire project. 2. Statement of proposed uses. A. PD - Medium Density Residential Permitted Uses: Phase 1 a. Single-family dwellings. Conditional Uses: o Phase 1 a. As provided for in the regulations and procedures of the R- 1 Zoning District. Accessory Uses: ° Phases 1 - 5. As provided for in the regulations and procedures of the Zoning Ordinance. B. PD - Open Space No land uses are permitted in open space parcels designated on the Site Plan and related Tentative Map other than a private water well, a public trail, a maintenance road and any maintenance activities necessary for the private water well, public trail, creek or maintenance road. Two bridges may cross the creek but must span any areas designated open space. Two outfalls may be constructed within the' creek setback. 3. ' Stage 1 and 2 Site Plan. The Stage 1 and 2 Site Plan consists of Sheet PUD 1 of 17 of the project plans. 4. Site area, proposed densities and phasing plan. PHASE NO. LOT/ MAXIMUM NO. OPEN ACRES DU's PD PARCEL DWELLINGS SPACE /AC STAGE PARCEL NO. BY PHASE 1 1-126, A 126 C 18.85 6.68 1 and 2 2 127 & 128 46 D, E 6.47 7.11 1 B,G,H 3 130, J, K 193 F 16.19 11.92 1 4 129, I 79 (+2 ACC. 10 7.9 1 DU'S) 5 131 1 (+2 ACC. DU'S) 2 .5 1 OPEN SPACE C 0 4.53 1 and 2 OPEN SPACE D, E, F 0 6.35 1 TOTAL 445 64.39 6.91 5. Development regulations. The Development Regulations for the Stage 1 and 2 Development Plan are as follows: Single Family Cluster Homes Lot Size: 2,800 square feet minimum Front Yard: Front yard setbacks for detached residences should vary for Setbacks: visual interest, where possible, along through-streets. A. Front entry garages 5' minimum B. Front porch 4' minimum to side yard property line C. Front of house 8' minimum (All dimensions shall be from back of right-of-way line.) Note: Sectional garage doors with automatic openers are required for all residences. Side Yard Setbacks: 5' minimum; 3' to garage* * 3' landscape easement to be granted to adjacent lot Side Yard Setback for Street Side Corner Lot: 8' minimum, 5' minimum to side entry garage with no parking on apron Building Separation: 10' minimum Rear Yard Setbacks:Minimum: 15' Accessory Structures: Accessory structure setbacks shall be as stated in the Dublin Zoning Ordinance: Building Height: 35' maximum, 2 stories Architectural Projections: Eaves, fireplaces, niches, bay windows, cantilevered floor area (balconies, second floor overhangs, etc.), porches, other architectural projections and air conditioning equipmem may project 3' into required side yards, bm never closer than 2' from the property line. There shall be a minimum 36" clear on one side yard. Residential Massing: Single story elements are encouraged to break up 2- story massing. The maximum building height shall be 35 feet. Parking/Garages: Each unit shall be provided with a two-car garage with minimum 19' x 19' clear area and one guest parking space. Guest parking may be located on street or in specifically designated guest parking areas. Traditional Single Family Homes Lot Dimensions: 50' x 79' minimum Lot Size: 3,950 square feet minimum Lot width: 50 feet minimum Lot depth: 79 feet minimum Front Yard: From yard setbacks for detached residences should vary for Setbacks: visual interest, where possible, along through-streets. A. From entry garages 18' minimum B. From porch 4' minimum to side yard property line C. Front of house 10' minimum (All dimensions shall be from back of right-of-way line.) Note: Sectional garage doors with automatic openers are required for all residences. Side Yard Setbacks: 5' minimum Side Yard Setback for Street Side Corner Lot: 10' minimum Building Separation: 10' minimum Rear Yard Setbacks:Minimum: 10' Accessory Structures: Accessory structure setbacks shall be as stated in the Dublin Zoning Ordinance. Building Height: 35' maximum, 2 stories Architectural ProjectiOns: Eaves, fireplaces, niches, bay windows, cantilevered floor area (balconies, second floor overhangs, etc.), porches, other architectural projections and air conditioning equipment may project 3' into required side yards, but never closer than 2' from the property line. One side yard shall not be obstructed to less than 36 inches. Residential Massing: Single story elements are encouraged to break up 2-story massing. The maximum building height shall be 35 feet. Parking/Garages: Each unit shall be provided with a two-car garage with minimum 19' x 19' clear area and two guest parking spaces. Guest parking may be located on street or in specifically designated guest parking areas. All Development Regulations in the Stage 1 and Stage 2 Development Plan are subject to the requirements of the R-1 Zoning District unless otherwise specified above. 6. Architectural standards. The architectural standards for the Stage 1 and 2 Development Plan are established by the architectural drawings in the project plans received September 2, 1999. 7. Preliminary Landscaping Plan.. PUD Sheets 14 through 16 of the project plans constitute the Preliminary Landscaping Plan. 8. Dublin Zoning Ordinance - Applicable Requirements Except as specifically modified by the provisions of this PD District Rezone, all applicable general requirements and procedures of the Dublin Zoning Ordinance shall be applied to the land uses designated in this PD District Rezone. 9. School Mitigation Agreement Prior to the effective date of any tentative map approval, the developer shall enter into a written school mitigation agreement with the Dublin Unified School District. The mitigation agreement shall establish the level of mitigation necessary, the amount of any school impact fees, the time of payment of any such fees and shall address such similar matters to ensure that the impacts of the project on schools are satisfactorily mitigated. 10. Creek improvements Creek improvements shall be completed as part of Phase 1 prior to the occupancy of any dwelling units. 11. Compliance with PUD Plans The project shall substantially comply with the project plans and details shown in Exhibit A to Attachment 3 except as modified herein. Such project plans are incorporated by reference. The streetlight design shown on PUD Sheet 13 of 17 is not approved. Approved as to form City Attorney G:pa98062/Development Plan Revised