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HomeMy WebLinkAboutPCReso 98-12 PA97-040 Rec CC Casterson PD REz RESOLUTION NO. 98-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL APPROVE THE SPECIFIC PLAN / GENERAL PLAN AMENDMENT, AND APPROVE A PLANNED DEVELOPMENT (PD) REZONE / DEVELOPMENT PLAN FOR PA 97-040 THE CASTERSON PROPERTY (Tract No. 6979) WHEREAS, James Tong, on behalf of Clyde Casterson, has requested approval of a Specific Plan/General Plan Amendment and Planned Development Rezone/Development Plan (Exhibit A-1) to allow for the subdivision of a 19 + acre parcel for a residential subdivision of 109 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 General Plan/Specific Plan Amendment and Planned Development Rezone which is available and on file in the Planning Department; and WHEREAS, Applicant/Developer has submitted a Development Plan (Exhibit A-1) as required by Section 8.32 of the Zoning Ordinance which meets the requirements of said section, and WHEREAS, a development agreement will be approved prior to recordation of a Final Map for the project as required by the Eastern Dublin Specific Plan and the Conditions of Approval of the Tentative Map and Site Development Review; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), CEQA Guidelines Section 15182, the City has found that the proposed residential project is within the scope of the Final Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan which was certified by the City Council by Resolution No. 51-93, and the Addenda dated May 4, 1993, and August 22, 1994 (the "EIR"), and that site-specific environmental affects have been analyzed in an initial study dated February 24, 1998, and circulated for public review, during which time 2 comments were received on the proposed Negative Declaration; and WHEREAS, the Planning Commission has reviewed and recommended approval of a Negative Declaration for this project (Resolution No. 98-14); and WHEREAS, the Planning Commission held a public hearing on said applications on April 14, 1998; 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 project; and WHEREAS, the Planning Commission did hear and use their independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby make the following findings and determinations regarding said proposed General Plan/Specific Plan amendment: The proposed Amendments are consistent with the goals, general provisions and purpose of the Dublin General Plan and the Eastern Dublin Specific Plan as proposed to be amended herein; and The Amendments are appropriate for the subject property in terms of land use compatibilities; will not overburden public services; and will provide a comprehensive plan for development of the site while preserving portions of the site for open space; and The changes to the General Plan and EDSP will provide minor revisions to the land use designations for this property, changing approximately 5 acres from "Middle School" to "Medium Density Residential" as reflected on the Development Plan, included as a part of Exhibit A-1 to this resolution. The change to this land use is appropriate based upon the analysis contained in the staff report, will provide a development pattern consistent with the Specific Plan goals, and will help implement policies of the General Plan and EDSP regarding development in Eastern Dublin The Amendments will not have substantial adverse effects on health or safety, or be substantially detrimental to the public welfare, or be injurious to property or public improvements. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the Dublin Planning Commission does hereby make the following findings and determinations regarding said proposed Planned Development Rezone: 1. The Planned Development Rezone is consistent with the general provisions, intent, and purpose of the Prezoning and Eastern Dublin Specific Plan (as modified) which designates this area as Medium Density Residential, in that the project would result in development within the densities allowed by said designation and will contribute towards implementation of said Plan; and 2. The Planned Development Rezone is consistent with the general provisions, intent, and purpose of the PD District Overlay Zone of the Zoning Ordinance. The Planned Development Rezone will be appropriate for the subject property in terms of providing land use provisions which set forth the purpose and applicable provisions of the Dublin Zoning Ordinance, range of permitted and conditionally permitted uses, and Development Standards which will be compatible with existing and proposed residential, business, and public uses in the immediate vicinity; and 3. The Planned Development Rezone is consistent with the general provisions, intent, and purpose of the PD District Overlay Zone of the Zoning Ordinance in that it contains all information required by Section 8.32 of the Zoning Ordinance and accomplishes the objectives of Section 8.32.010, A through H, of the Zoning Ordinance; and 4. The Planned Development Rezone will provide an environment that will encourage the use of common open areas for neighborhood or community activities and other amenities and will enhance development of the Specific Plan Area; and 5. The Planned Development Rezone will provide efficient use of the land pursuant to the Eastern Dublin Specific Plan that includes that preservation of significant open areas and natural and topographic landscape features along Tassajara Creek with minimum alteration of natural land forms; and 6. The Planned Development Rezone will not have a substantial adverse effect on health or safety or be substantially detrimental to the public welfare or be injurious to property or public improvement as all applicable regulations will be satisfied; 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 Planned Development Rezone and accompanying Site Development Review, will create an attractive, efficient, and safe environment; and welfare; and The Planned Development Rezone will benefit the public necessity, convenience, and general 10. The Planned Development Rezone and accompanying Site Development Review will be compatible with and enhance the general development of the area; and 11. The adopted Eastern Dublin Specific Plan Mitigation Monitoring Program will apply to the 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 approve a Planned Development Rezone/& Development Plan for the Casterson Property (PA 97-040), subject to the "General Provisions and Development Standards" (Exhibit A-2) which constitute regulations for the use, improvement, and maintenance of the property. Except as specifically included in Exhibit A-2, attached, and made a part of this Resolution, development and operation of land use activities within this Rezone shall be subject to the current City of Dublin Zoning Code. BE IT FURTHER RESOLVED THAT the project development occurring under the approved Planned Development Rezone/Development Plan must be in substantial conformance of Development Plan, labeled Exhibit A-1 to this resolution, with the General Provisions and Development Standards approved with this Planned Development Rezone and the Eastern Dublin Specific Plan. a. The Community Development Director shall determine conformance or non-conformance and the appropriate approval procedure for modifying this Planned Development Rezone (e.g., administrative, conditional use permit, or amendment to Planned Development Rezone). b. Major modifications or revisions found not to be in substantial conformance with this Planned Development Rezone shall require a new Planned Development Rezone. Any subsequent Planned Development Rezone may address all or a portion of the area covered by this action. BE IT FURTHER RESOLVED THAT the approval of the PD Rezone/Development Plan is contingent upon execution of an Development Agreement in accordance with the Eastern Dublin Specific Plan; and NOW THEREFORE BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby recommend City Council approval of the General Plan/Specific Plan Amendment and Planned Development Rezone for PA 97-040, subject to the General Provisions and Development Standards included as Exhibit A-2 to this Resolution: PASSED, APPROVED AND ADOPTED this 14th day of April, 1998. AYES: NOES: ABSENT: Cm. Jennings, Johnson, Hughes, Musser, and Oravetz Community Development D~rector Planning Commission Cl~rperson ~/ g:\97040\pcres-pd.