HomeMy WebLinkAboutPC Reso 09-11 Appv Amndmt Salerno II CUP & SDRRESOLUTION NO. 09-11
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING AN AMENDMENT TO THE SITE DEVELOPMENT REVIEW
AND AMENDING THE CONDITIONAL USE PERMIT
FOR SALERNO II AT POSITANO,149 UNITS ON
APPROXIMATELY 34 ACRES WITHIN TRACT 7586
PA 07-005
WHEREAS, the Applicant, Braddock & Logan, has requested approval of an amendment to a Site
Development Review and Conditional Use Permit PA 07-005 previously approved on September 11, 2007
by Planning Commission Resolution 07-45 for the project known as Salerno which is part of the first
phase of the development referenced as Positano (Tract 7586) located in the vicinity northeast of the
intersection of Fallon Road and Positano Parkway, within the Eastern Dublin Specific Plan area as
amended and the Planned Development Zoning District, PA 05-038; and
WHEREAS, Site Development Review PA 07-005 was approved for 247 detached single-family
homes on 72 acres and included the Salerno neighborhood of 175 detached single-family homes, of which
26 lots already have been developed as Salerno I, and the first phase of the neighborhood known as
Cantara, 72 detached single-family homes; and
WHEREAS, a Conditional Use Permit was approved to emend the Planned Development for
eighteen (18) lots to allow the lot coverage to exceed the maximum allowable square footage to
accommodate roof decks, covered patios and balconies on Lots 76, 94, 95, 97, 98, 107, 109, 110-113,
122-124,138, 157 and 216; and
WHEREAS, on November 8, 2005, the Planning Commission adopted Resolution No. 05-61
approving Vesting Tentative Tract Map 7586; and
WHEREAS, on December 13, 2005, the City Council adopted Ordinance No. 32-05 approving
Planned Development (PD) Rezoning - Stage 1 Planned Development zoning for the entire 1,134-acre
Fallon Village (PA 04-040) and Ordinance 33-05 approving the St tge 2 Planned Development Plan and
zoning for the 488-acre Braddock &; Logan properties (PA 05-038) now known as Positano; and
WHEREAS, on December 6, 2005, the City Council adopted Resolution No. 222-05 regarding
PA 04-040 and PA 05-038 certifying a Supplemental Environmental Impact Report (SEIR) (SCH
#2005062010) to the Eastern Dublin EIR, a program EIR, initially certified by the City of Dublin in 1993
(SCH#91103064) and the Supplemental EIR for the Eastern Dublin Property Owners (EDPO) (SCH #
2001052114) certified in 2002 by Resolution 40-02; and
WHEREAS, PA 07-005 also included a Conditional Use Permit which allowed 18 specific lots to
exceed maximum coverage of 45% up to 50% if developed as Plans 2, 3 or 4 (as indicated on the
approved Site Plan) with an optional second story balcony and/or covered rear-yard patio structure; and
WHEREAS, the current application defines Salerno II as the remaining 149 lots subject to the
requested amendment of PA 07-005; and
WHEREAS, the 149 lots that comprise Salerno II subject to the requested amendment are
identified as: Lots 94 - 104, Lots 106 - 227, and Lots 232 - 247.
WHEREAS, a complete application was submitted and is available and on file in the Community
Development Department; and
WHEREAS, the Applicant has submitted project plans, including revised floor plans and
elevations, dated received March 24, 2009, for an amended Site Development Review relating to Salerno
II; and
WHEREAS, the proposed amendment would allow any of the four approved floor plans to be
constructed on any of the lots within Salerno II subject to limitations as stated in the Conditions of
Approval; and
WHEREAS, Lot 76 has been developed and does exceed 6,e 45% lot coverage allowance in the
PD by 0.4% as allowed by the previously approved Conditional Use Permit, and
WHEREAS, The Conditional Use Permit amending the Planned Development to allow excess lot
coverage on the remaining seventeen (17) lots is no longer necessary and is hereby repealed; and
WHEREAS, the Planning Commission did hold a public hearing on said application on April 14,
2009, for this project; 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
the Site Development Review amendment; and
WHEREAS, the Planning Commission did hear and use ind.-pendent 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 said proposed Site Development
Review amendment for the 149 lots for detached single family units zomprising Salerno II:
Site Development Review:
A. Approval of the site layout, architectural design, landscaping, and public improvements related
to the proposed amendment remains consistent with the purpose and intent of Chapter 8.104,
Site Development Review of the Dublin Zoning Ordinance and general standards approved
with PA 07-005.
B. The proposed amendment for the Salerno II neighborhood of low density detached single
family homes, as conditioned, complies with the policies of the General Plan, the Eastern
Dublin Specific Plan and the Planned Development Regulations for PA 05-038 and with all
other requirements of the Dublin Zoning Ordinance.
2
C. The revised site plan, floor plans, exterior elevations, fi-ont yard landscape plans, and fence
modifications will not adversely affect the health or safety of persons residing or working in
the vicinity, or be detrimental to the public health, safety and general welfare because it is
consistent with and implements the adopted Architectural Design Standards for the Positano
project.
D. The approved site development, including site layout, structures, vehicular access, circulation
and parking, setbacks, height, walls, public safety, and similar elements, have been designed to
provide a desirable environment for the development.
E. The proposed amendments are physically suitable for the type and intensity of the proposed
residential development because site dimensions will a?;commodate the proposed structures
and uses and expand rear yard space.
F. As with the previously proposed and approved Site Development Review, the project design
has taken into consideration slopes and topographic features, and impacts related to grading
have been adequately addressed through the Conditions of Approval for Tract 7586.
G. The proposed project will not impact views because it conforms to the Eastern Dublin Scenic
Corridor Policies and Standards.
H. Architectural considerations, including the character, scale and quality of the design, the
architectural relationship with the site and other buildings, building materials and colors,
screening of exterior appurtenances, exterior lighting, and similar elements have been
incorporated into the project, and as Conditions of Appro•ral, in order to insure compatibility of
this development with the development's design concept or theme and the character of adjacent
buildings within the Positano project and Fallon Village as a whole.
1. Landscape considerations, including the location, type, size, color, texture and coverage of
plant materials, provisions and similar elements have been considered to ensure visual relief
and an attractive environment for the public.
J. The project site has been adequately designed to en&He proper circulation for bicyclists,
pedestrians, and automobiles.
K. The approval of the Site Development Review amendment for Salerno II is consistent with the
Dublin General Plan and with the Eastern Dublin Specific; Plan.
L. The Conditional Use Permit to amend the Planned Development to allow eighteen lots to
exceed the maximum square footage to accommodate roof decks, covered patios and balconies
is no longer needed and is hereby repealed.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the
City of Dublin does hereby approve the amended Site Development Review for the proposed project
known as Salerno II at Positano (149 units), as shown on plans prepared by William Hezmalhalch
Architects, Gates and Associates, and Mackay & Somps dated received March 24, 2009 subject to the
conditions included below. Said approval shall supersede the Site Development Review approval
(Planning Commission Resolution No. 07-45) as to the 149 units in Salerno II.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the
City of Dublin does hereby amend the first full paragraph on page 4 of Planning Commission Resolution
No. 07-45 to read as follows:
"NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission
of the City of Dublin does hereby approve a Conditional Use Permit to exceed lot coverage on Lot
76 in Salerno at Positano and Site Development Review for the proposed project known as Phase
1 of Cantara (72 lots) at Positano and Salerno (175 lots) at Positano, as shown on plans prepared
by South Coast Architects, William Hezmalhalch Architects, Gates and Associates, and Mackay &
Somps dated received June 19, 2007 subject to the condition3 included below."
CONDITIONS OF APPROVAL:
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 subiect t.) Planning Department review and
approval. The following codes represent those departmentstMiencies responsible for monitoring
compliance of the conditions of approval. [PL.I Planning, [B] Building, [POI Police, 1PW1 Public
Works [ADM] Administration/City Attorney, [FIN] Finance, IF] Alameda County Fire Department,
IDSRI Dublin San Ramon Services District, (COI Alameda County Department of Environmental
Health, [Z71 Zone 7.
NO. CONDITION TEXT RESPON. WHEN
AGENCY/ REQUIRED
DEPART.
PLAN NING DEPARTMENT
1. Compliance with previous approvals: The Applicant shall PL, PW As required by
comply with all Conditions of Approval for Vesting Tentative Reso 05-61
Tract 7586 as approved by the Planning Commission,
Resolution No. 05-61 on November 8, 2005.
2. Compliance with previously approved Site Development PL, PW As required by
Review: The Applicant shall comply with all Conditions of Reso 07-045
Approval for Site Development Review PA 07-005 previously
approved on September 11, 2007 by Resolution 07-45.
3. Plotting: The approved Site Development Review would allow PL Prior to issuance
any of the four approved floor plans to be constructed on aly of of Building
the lots within Salerno II subject to limitations as follows: Permits
- Any single floor plan may not exceed 40% of the
subdivision.
- Individual floor plans may be placed next to each other.
However, only two of the same individual floor plans may
be plotted next to each other without being interrupted by a
different floor plan.
- If two of the same individual floor plans are plotted next to
each other, the same individual floor plan may not be
NO. CONDITION TEXT RESPON.
AGENCY/
DEPART. WHEN
REQUIRED
plotted across the street from the two.
- In no case will the same architectural elevation or color
scheme be allowed neat to or across the street from each
other, unless they are a different individual floor plan.
PASSED, APPROVED AND ADOPTED this 14th day of April, 2009 by the following vote:
AYES: Wehrenberg, Brown, Swalwell and King
NOES:
ABSENT: Schaub
ABSTAIN:
ATTEST:
?a iActing P n Manager
G:1PA#12007107-005 PositanoWC Mtg Salerno And 1.14.091PCReso 4.14.09 FINAL AnrendedSDR.DOC
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