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HomeMy WebLinkAboutPC Reso 88-064 PA88-077 Ahmanso s RESOLUTION NO. 88 - 064 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING THE CONDITIONAL USE PERMIT APPLICATION PA 88-077 AHMANSON DEVELOPMENT, INC. TRACT 5074, AMENDING CONDITION #5 OF PLANNING COMMISSION RESOLUTION NO. 85-033 RELATING TO GRADING AND CITY COUNCIL RESOLUTION NO. 80-85 GENERAL PROVISIONS RELATING TO MAXIMUM BUILDING HEIGHTS WHEREAS, Robert Ragle, representing Ahmanson Development, Inc. property owners of Tract 5074, submitted an application for a Conditional Use Permit to modify the approved grading plans and Conditions of Approval relating to grading of Tract 5074 and an application for Site Development Review to construct 69 single family detached homes (941-2776-36 through 62 and 941- 2777-1 through 53); and WHEREAS, the Planning Commission held public hearings on the matter at their regularly scheduled meeting on October 3, 1988 and November 7, 1988 and held a Field Trip Study Session to the project site on October 22, 1988; and WHEREAS, proper notice of the October 3, 1988, Planning Commission hearing was given in all respects as required by law; and WHEREAS, the Staff Report was submitted recommending that the Site Development Review be approved subject to conditions; and WHEREAS, the Planning Commission did hear and consider all said reports and recommendations as herein above set forth; and WHEREAS, this application has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and a Negative Declaration of Environmental Significance has been prepared for this project as it will not have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find: a) The proposed modifications to the existing PD District Plan and the Conditions of Approval relating to grading, if conditionally approved, will be appropriate for the subject property in terms of allowing development of a residential project that will be compatible to existing and proposed land uses in the area and will not overburden public services; b) The proposed modifications to the PD District Plan and the Conditions of Approval relating to grading will allow development of a precise grading plan that can more effectively reduce project cuts and fills, serve to preserve views, and generally serve to better meet the intent of the Conditions of Approval established for the PD District and Tentative Map applications covering the subject property; c) The proposed modifications will result in a residential project that will be properly related to other land uses, and transportation and service facilities in the vicinity, as the proposed modifications are comparatively minor in nature and coincide and compliment with the overall residential development plan covering the site; d) The proposed modifications will not result in the development of a residential project which will materially adversely affect the health or safety or persons residing or working in the vicinity, or be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood; e) The proposed modifications will not be contrary to the specific intent clauses or performance standards established for the District in which it is to be located; f) The proposed modifications including a minimum of 19 front to back split lots is consistent with Condition #4 of Resolution No. 85-033 reducing grading through the use of split level lots and minor redesign; and -1- g) The approval of the Conditional Use Permit will be consistent with the Dublin General Plan. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby conditionally approve said modifications to the PD District Plan (1478th Zoning Unit) City Council Resolution No. 80-85, and the Conditions of Approval relating to grading, Planning Commission Resolution No. 85-33 for Tract 5074 and as detailed by materials labelled Exhibit A on file in the Dublin Planning Department, subject to the following conditions and Conditions of Approval for the associated Site Development Review Resolution No. 88-065: Unless otherwise specified the following conditions shall be complied with prior to issuance of the building or grading permits. Each item is subject to review and approval by the Planning Department unless otherwise specified. 1. Except as specifically modified by the conditions listed below, development of the 34 acre - 69 unit Tract 5074 shall conform to the Conditions of Approval outlined in Resolution No. 17-84 of the Dublin City Council and the General Provisions for the 1478th Zoning Unit approved by Alameda County on July 20, 1981 and Planning Commission Resolution No. 85-33 and City Council Resolution No. 80-85. 2. Condition #5, Resolution No. 85-33 is amended to read as follows: "5. Grade: Grades on the construction grading plans shall generally conform with the Site Development Plan for Tract 5074 prepared by Wilsey and Ham and dated received by the Dublin Planning Department August 24, 1988, as amended by the Conditions of Approval for PA 88-077 Site Development Review and with the Plot and Grading Plans for Tracts 5072 and 5073 prepared by Wilsey and Ham and dated received by the Dublin Planning Department, June 6, 1985. " 3. The maximum building height for Tract 5074 shall not exceed 28 feet. PASSED, APPROVED AND ADOPTED this 7th day of November, 1988. AYES: Commissioners Barnes, Burnham, Mack and Zika NOES: None ABSENT: None fav,„ Planning Commission airp rson JgadA--a----1-6\A-e6 Planning Director -2-