HomeMy WebLinkAboutPC Reso 18-15 PLPA-2016-00064 Phase 3 Blvd Project VTMRESOLUTION NO. 18-15
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING AN AMENDMENT TO VESTING TENTATIVE TRACT MAP 8367 FOR
NEIGHBORHOOD 14 AND 15 WITH PHASE 3 OF THE BOULEVARD PROJECT AREA
(PORTION OF APN 986-1-1-30)
PLPA-2016-00064
WHEREAS, Dublin Crossing LLC is requesting approval to amend Vesting Tentative Tract
Map (VTM) 8367 for Neighborhoods 14 and 15. The amendments to the Tract Map includes
modifications to the neighborhood layout, street circulation, and lotting pattern. VTM 8367 was
approved with several other VTMs for neighborhoods in Phase 2/3 via Resolution 17-06 on May
9, 2017; and
WHEREAS, Neighborhoods 14 and 15 in Phase 3 share common open spaces and a
circulation network, so although the architectural designs changed for Neighborhood 15 only, the
neighborhood layout sheets on approved VTM 8367 and in the landscape and civil sheets of the
approved Project Plan Set impacted Neighborhood 14 as well; and
WHEREAS, the proposed revisions to Neighborhood 15 increased the number of
townhouse units in the neighborhood from 56 to 60; and
WHEREAS, the proposed revisions to Neighborhood 15 continue to provide the required
amount of parking for this neighborhood, meet the required density of the land use designation,
and continue to meet the development intent of the Dublin Crossing Specific Plan; and
WHEREAS, the Applicant is also requesting approval to amend the original Site
Development Review (SDR) approval for Neighborhoods 14 and 15 in Phase 2/3 of the Boulevard
(Dublin Crossing Specific Plan) development area ("Project Site"), which was approved via
Resolution 17-05 on May 9, 2017; and
WHEREAS, the project site is located within the Dublin Crossing Specific Plan and the
Dublin Crossing Zoning District; and
WHEREAS, in accordance with the California Environmental Quality Act certain projects
are required to be reviewed for environmental impacts and when applicable, environmental
documents prepared; and
WHEREAS, the project is located within the Dublin Crossing Specific Plan area (Specific
Plan), which was the subject of an Environmental Impact Report (EIR) (SCH# 2012062009)
prepared in accordance with the California Environmental Quality Act (CEQA) and certified by the
City Council on November 5, 2013 (Resolution 186-13). Site Development Review was included
as part of the project entitlements listed in the EIR. The EIR provides the CEQA environmental
review for those future entitlements to implement the Specific Plan, unless the standards for
subsequent or supplemental environmental review under CEQA are met. Pursuant to CEQA, the
Site Development Review approval for this project is within the scope of the project analyzed in
the EIR and no further CEQA review or document is required; and
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WHEREAS, the Project Plan Set for the Neighborhood 14/15 revisions, attached as Exhibit
A to the companion SDR Resolution for the Neighborhood 14/15 amendment, defines this
"Project" and is available and on file in the Community Development Department; and
WHEREAS, the N14/15 plan set includes only those sheets from the original Phase 2/3
SDR/VTTM approval that are changing as a result of the modifications to Neighborhood 15. For
reference purposes, the Table of Contents in Project Plan Set notes all the pages that were in the
original, approved Phase 2/3 Project Plan Set, but only those sheets highlighted with red text and
that are included in the Project Plan Set being amended by approval of this resolution. All other
pages originally found in the Phase 2/3 Project Plan Set remain as is and contain no modifications.
WHEREAS, the Planning Commission did hold a noticed study session on April 10, 2018
and also did hold a public hearing on said application on May 8, 2018 for this project, at which
time all interested parties had the opportunity to be heard; and
WHEREAS, proper notice of said public hearing was given in all respects as required by
law; and
WHEREAS, a Staff Report was submitted recommending that the Planning Commission
approve an Amendment to Vesting Tentative Tract Map 8367 approval for Neighborhoods 14 and
15 within Phase 2/3 of the Boulevard Project Area; and
WHEREAS, the Planning Commission did hear and use independent judgment and
considered all said reports, recommendations, and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Dublin does hereby make the following findings and determinations regarding Amendment to
Vesting Tentative Tract Map 8367 for Neighborhood 14 and 15 with Phases 2/3 of the Boulevard
(Dublin Crossing) Project Area in conformance with Chapter 9 (Subdivisions) of the Dublin
Municipal Code:
1. Amended Vesting Tentative Tract Map 8367, together with the provisions for its design and
improvement, is consistent with the Dublin General Plan and the Dublin Crossing Specific
Plan, as amended, as it relates to the subject property in that it is a subdivision for
implementation that is generally consistent with the design guidelines and development
standards of the policy documents.
2. The subdivision site is physically suitable for the type and proposed density of development
because the project design, architecture, and concept have been integrated with
topography of the project site created by Amended Vesting Tentative Tract Map 8367 to
incorporate habitat preservation, install water quality measures, and minimize overgrading
and extensive use of retaining walls. Therefore, the proposed subdivisions are physically
suitable for the type and intensity of development proposed.
3. The tentative tract map is consistent with the intent of applicable subdivision design or
improvements of the tentative tract map are consistent with the city's general plan and any
applicable specific plan because the proposed amended Vesting Tentative Tract Maps
8367 are consistent with the intent of the subdivision design of the Boulevard Project and
improvements of the tentative tract map are consistent with the Dublin General Plan and
the Dublin Crossing Specific Plan.
4. The design of Amended Vesting Tentative Tract Map 8367 and proposed improvements
will not cause substantial environmental damage or substantially and avoidably injure fish
or wildlife or their habitat because all mitigations required by the Dublin Crossing Specific
Plan related to biological resources have been complied with.
5. The design of the subdivision or type of improvements will not cause serious public health
concerns because the design of the subdivision or type of improvements have been
conditioned to comply with all building codes and ordinances in effect at the time of permit
issuance and in addition the project was evaluated for its impacts to public health in the
environmental impact report completed for the Dublin Crossing Specific Plan.
6. The design of Amended Vesting Tentative Tract Map 8367 and the type of improvements
will not conflict with easements, acquired by the public at large, for access through or use
of property within the proposed subdivision; or alternate easements are provided. The City
Engineer has reviewed the maps and title reports and has not found any conflicting
easements of this nature.
7. The design or improvements of Amended Vesting Tentative Tract Map 8367 is consistent
with the Dublin General Plan and the Dublin Crossing Specific Plan because the project
design, architecture, and concept have been integrated with topography of the project site
created by Amended Vesting Tentative Tract Map 8367 to incorporate habitat preservation,
install water quality measures, and minimize overgrading and extensive use of retaining
walls. Therefore, the proposed subdivisions are physically suitable for the type and
intensity of development proposed.
8. Amended Vesting Tentative Tract Map 8367 is designed to provide for future passive or
natural heating or cooling opportunities in that, where feasible, building orientation and
spacing has been taken into account when plotting the building locations on the
development sites, and passive/natural heating and cooling opportunities have not been
precluded;
9. Amended Vesting Tentative Tract Map 8367, including design and improvement, shall
comply with all the applicable provisions and requirements of the zoning ordinance, the
latest municipal stormwater permit issued to the city by the Regional Water Quality Control
Board, this title, any other ordinance of the city, and the Subdivision Map Act as required
by the Dublin Crossing EIR and project -specific conditions of approval noted herein.
BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin does
hereby make the following findings and determinations under CEQA regarding Amended Vesting
Tentative Tract Map 8367 for the Boulevard (Dublin Crossing) Project. These findings are based
on information contained in the EIR, the Planning Commission Staff Report, and all other
information contained in the entire record for the Project. These findings constitute a summary
of the information contained in the entire record. Other facts and information in the record that
constitute substantial evidence to support each finding that is not specifically included below are
incorporated herein by reference:
A. Amended Vesting Tentative Tract Map 8367 is within the scope of the project analyzed in
the EIR. The environmental impacts of Amended Vesting Tentative Tract Map 8367 is
analyzed in the EIR and no further environmental review is required under CEQA for
Amended Vesting Tentative Tract Map 8367 under Public Resources Code section 21166
and CEQA Guidelines sections 15162 and 15163.
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B. Amended Vesting Tentative Tract Map 8367 does not constitute a substantial change to
the project analyzed in the EIR that will require major revisions to the EIR due to new
significant environmental effects or a substantial increase in severity of previously identified
significant effects. Amended Vesting Tentative Tract Map 8367 is consistent with the
Project analyzed in the EIR and does not propose any change to the Project.
C. There are no substantial changes that have occurred with respect to the circumstances
under which the Project will be undertaken that will require major revisions to the EIR due
to the involvement of new significant environmental effects or a substantial increase in
severity of significant effects identified in the EIR. The EIR was certified in 2013 and no
substantial changes to circumstances affecting the Project have occurred within that period
of time.
D. There is no new information of substantial importance, which was not known or could not
have been known with the exercise of reasonable diligence at the time the EIR was certified
in 2013 that show any of the conditions in CEQA Guidelines section 15162(a)(3)(A) — (D).
E. The mitigation measures in the Mitigation Monitoring and Reporting Program adopted by
the City Council on November 5, 2013 apply to Amended Vesting Tentative Tract Map
8367 as applicable.
BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin hereby
approves Amended Vesting Tentative Tract Map 8367 Neighborhoods 14/15 of Phase 2/3 subject
to the conditions included below.
CONDITIONS OF APPROVAL — Amended Vesting Tentative Tract Map 8367:
Unless stated otherwise, all Conditions of Approval shall be complied with prior to the
issuance of building permits or establishment of use, and shall be subject to Planning
Department review and approval. The following codes represent those
departments/agencies responsible for monitoring compliance of the conditions of
approval. [PL.1 Planning, [B1 Building, FPO] Police, FPW1 Public Works fP&CS1 Parks &
Community Services, [ADMI Administration/City Attorney, [FINI Finance, FF1 Alameda
County Fire Department, FDSR1 Dublin San Ramon Services District, FCO1 Alameda County
Department of Environmental Health, FZ71 Zone 7.
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CONDITION TEXT
RESPON.
WHEN
AGENCY
REQ'D
Prior to:
GENERAL
1.
Approval. Amended Vesting Tentative Tract Map 8367 for
PL
Ongoing
Neighborhoods 14/15 of Phase 3 of the Boulevard Project Area
supersedes the previously approved VTM 8367 (Resolution 17-06).
Unless modified by the Conditions of Approval contained herein,
Development pursuant to this approval generally shall conform to the
amended Vesting Tentative Tract Map 8367 sheets prepared by MacKay
& Somps Civil Engineers dated received April 27, 2018 (attached to the
companion SDR Resolution (Resolution 18-13) as Exhibit A), which is on
file in the Community Development Department.
2.
VTM 8150. All Conditions of Approval in PC Resolution 14-14 that are
PL
Ongoing
not expressly modified by these Conditions of Approval remain in full
force and effect.
3.
Effective Date. This VTM approval becomes effective 10 days after
PL
Ongoing
action by the Planning Commission unless otherwise appealed to the
City Council.
4.
Previous Conditions of Approval Remain in Effect. All Conditions of
All
Ongoing
Approval from Phase 2/3 approval Resolution 17-05 (Site Development
Review) and Resolution 17-06 (Vesting Tentative Tract Maps) shall
remain in full force an effect unless expressly modified by the Conditions
of Approval contained herein.
TRACT 8367 (Neighborhoods 14 and 15)
5.
Private Streets and Courts (Parcels A, B, C, D, E and F). The Developer
PW
Prior to
shall establish private street right-of-way and install complete street
Approval of
improvements for the proposed private streets on Parcels A, B, C, D, E
Improvement
and F within the development as shown on the Tentative Map and the
Plans
Site Development Review package. (Modified from Original COA 168 in
Resolution 17-05)
6.
Canal 2. The final civil design and landscape design of Canal 2
PW
Prior to
improvements including paved access trail, maintenance easement,
Approval of
equipment access to the creek, riparian landscape within Zone 7's
Improvement
ownership parcel and within the 20 feet access easement shall be subject
Plans
to review and approval by Zone 7 or other public agency responsible for
the creek. (Modified from Original COA 169 in Resolution 17-05)
PASSED, APPROVED AND ADOPTED this 8th day of May 2018 by the following vote:
AYES: Bhuthimethee, Kothari, Mittan, Qureshi, Wright
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chair
ATTEST:
Assistant C mm ty Development Director