HomeMy WebLinkAboutPCReso00-09 PA98-062 Rec CC PDRez, Stg 1 PD Tassajara CreekRESOLUTION NO. 00-09
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT THE ORDINANCE APPROVING
A PLANNED DEVELOPMENT (PD) REZONE, A STAGE 1 DEVELOPMENT PLAN FOR THE
ENTIRE PROJECT AND A STAGE 1 AND 2 DEVELOPMENT PLAN FOR PHASE 1
FOR PA 98-062 THE GREENBRIAR LAND COMPANY TASSAJARA CREEK
WHEREAS, Patrick Costanzo, Jr., on behalf of Marjorie Koller and Carolyn Adams
(Applicant/Developer), has requested approval of a General Plan Amendment and Specific Plan
Amendment, Planned Development Rezone, 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), a Vesting
Tentative Map and a 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, Applicant/Developer has submitted a complete application for a Planned
Development Rezone which is available and on file in the Planning Department; and
WHEREAS, Applicant/Developer has submitted an 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) as shown
on Sheets PUD 1 of 17 (Stage 1 and 2 Development Plan), 2 of 17 (aerial photo), 4 of 17 (Stage 1
Development Plan) and 5 of 17 (amended to be labeled Stage 1 and 2 Site Plan) dated received September
2, 1999, as required by Section 8.32 of the Zoning Ordinance, and
WHEREAS, pursuant to the Califomia 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 00-06); and
WHEREAS, the Planning Commission held a public hearing on said applications on February 22,
2000; 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 Planned Development Rezone for PA 98-062; and
WHEREAS, the Planning Commission did hear and use their independent judgment and
considered all said reports, recommendations, and testimony hereinabove set forth; and
WHEREAS, the Planning Commission recommended City Council approval of the Mitigated
Negative Declaration and Mitigation Monitoring Program (Resolution 00-06) and the related General Plan
Amendment and Specific Plan Amendment (Resolution 00-07).
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 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 the 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 and because the site plan has been designed to be
compatible with other 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 onsite 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, is 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.
5. The Planned Development Rezone is consistent with Chapter 8.32 in that it the Stage 1
Development Plan for the entire project and the Stage 1 and Stage 2 Development Plan for Phase 1,
establishes permitted and conditionally permitted uses, accessory uses, and development regulations
which will ensure that the project is compatible with existing and proposed residential, business, and
public uses in the immediate vicinity; and
2
6. The Planned Development Rezone 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 along Tassajara Creek with minimum alteration of natural land forms; and
7. The Planned Development Rezone 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 along with the
Mitigated Negative Declaration and associated Mitigation Monitoring Program will apply to this Project,
along with the conditions made a part of project approval, 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 Planned Development Rezone and the
Stage 1 Development Plan for the entire project and the Stage 1 and Stage 2 Development Plan for Phases
1 and 2 (as set forth in Exhibits A and B to Attachment 3), dated received September 2, 1999, for
remaining phases for the Greenbriar Land Company Tassajara Creek project (PA 98-062), subject to the
sheets in Exhibit A to Attachment 3, which constitutes regulations for the use, improvement, and
maintenance of the property.
PASSED, APPROVED AND ADOPTED this 22nd day of February, 2000.
AYES:
Cm. Hughes, Oravetz, Jennings, and Musser
NOES:
ABSENT:
Cm. Johnson
Planning Commission Chairperson
Community ~)ev~l~pment Director
g:\98062\PCRESORD
3