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HomeMy WebLinkAboutPCReso02-27 PA02-024 PDPrezone Silveria/Haight/Nielsen RESOLUTION NO. 02 - 27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT THE ORDINANCE APPROVING A PLANNED DEVELOPMENT (PD) PREZONING AND STAGE 1 DEVELOPMENT PLAN FOR PA 02-024 PINN BROTHERS CONSTRUCTION, INC. SILVERIA/HAIGHT/NIELSEN PROPERTIES WHEREAS, Pinn Brothers Construction, Inc. has requested approval of a Planned Development Prezoning and Stage 1 Development Plan for PA 02-024, the Piun Brothers Construction, Inc., Silveria/Haight/Nielsen Properties project on 105.7 acres for an approximately 259 dwelling unit residential development, in the Eastern Dublin Specific Plan area; and WHEREAS, the City Council did approve the Mitigated Negative Declaration and Mitigation Monitoring Program (Resolution 00-06) and the related General Plan Amendment and Specific Plan Amendment (Resolution 00-07) for the Eastern Dublin Specific Plan; and WHEREAS, Applicant/Developer has submitted a complete application for a Stage 1 Planned Development Prezoning and Development Plan dated June 14, 2002, as required by Section 8.32 of the Zoning Ordinance, which is available and on file in the Community Development Department, Planning Division; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), residential projects that are consistent with a specific plan for which an EIR has been certified are exempt from CEQA unless a supplemental EIR is otherwise required by CEQA(See Government Code section 65457). To determine if there were any supplemental impacts that would require the preparation of a supplemental EIR, the City prepared an Initial Study for the project in June 2001 and updated the Initial Study on June 28, 2002. The Initial Study found that the environmental impacts of this project were addressed by the Final Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan (SCH#91-103064) and addenda (Resolution 00-06); and WHEREAS, the Planning Commission held a public hearing on said application on July 9, 2002; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted to the Planning Commission recommending approval of the Stage 1 Planned Development Prezoning and Development Plan for PA 02-024; and WHEREAS, the Planning Commission did hear and use their independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth; and NOW, THEREFORE, BE IT RESOLVED THAT the Dublin Planning Commission does hereby make the following findings and determinations regarding said proposed Planned Development Rezone: 1. The proposed Stage 1 Planned Development and Development Plan meets the intent and purpose of Chapter 8.32 of the Zoning Ordinance because it provides a Stage 1 Development Plan for the project for the Pinn Brothers Construction, Inc., Silveria/HaightfNielsen Properties project (PA 02-024) 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 and because the site plan has been designed to be compatible with other proposed and approved plans in the vicinity. 2. The project site is physically suitable for type and intensity of this residential project in that it is intended to conform with the City policies related to hillside development and to be designed to minimally effect the existing topography and terrain of the site; 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 Prezoning and Stage 1 Development Plan for the project 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 project has 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 onsite and to surrounding land uses. 4. The proposed Planned Development Prezoning and Stage 1 Development Plan for the project is consistent with all elements and policies of the Dublin General Plan and the Eastern Dublin Specific Plan because the project is within, and is consistent with, the total number of units allowed within the density range of the Rural Residential, Single Family, Medium Density Residential and Medium-High Density Residential designations 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 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. 5. The Stage 1 Planned Development Prezoning and Development Plan is consistent with Chapter 8.32 of the City's Zoning Ordinance because the Stage 1 Development Plan for the project establishes permitted uses which will ensure that the project is compatible with existing and proposed residential and public uses in the immediate vicinity; and 6. The Stage 1 Planned Development Prezoning and Development Plan will provide efficient use of the land pursuant to the Eastern Dublin Specific Plan that includes the preservation of significant open areas and natural and topographic landscape features with minimnm alteration of natural land forms; and 7. The Stage 1 Planned Development Prezoning and Development Plan will not overburden public services as all agencies must commit to the availability of public services prior to the issuance of building permits as required by the Eastern Dublin Specific Plan policies and mitigation measures; and 8. The adopted Eastern Dublin Specific Plan Mitigation Monitoring Program serves as the reporting and monitoring program required by Public Resources Code Section 21081.6 for the Project. BE IT FURTHER RESOLVED THAT the Dublin Planning Commission does hereby recommend that the City Council adopt an Ordinance approving a Stage 1 Planned Development Prezoning and Development Plan for the project (PA 02-024, Pinn Brothers Construction, Inc.- Silveria/Haight/Nielsen Properties) as set forth in Attachment 2 of the Staff report and attached hereto, dated June 14, 2002, which constitutes regulations for the use, improvement, and maintenance of the property. PASSED, APPROVED AND ADOPTED this 9th day of July 2002. AYES: Johnson, Musser, Nassar & Fasulkey NOES: Jennings ABSENT: ABSTAIN: ATTEST: Planni~~ger Pl~iss~on Chairperson g:\02024\PCResoPD 1.doc