Loading...
HomeMy WebLinkAboutPCReso02-45 PA02-020-23 CUP DubRch Area A, A-2,A-3,A-4, A-5 RESOLUTION NO. 02 - 45 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 02-020, PA 02-021, PA 02-022, AND PA 02-023 FOR DUBLIN RANCH AREA "A" NEIGHBORHOOD AREAS A-2 (SUBDIVISION 7137), (SUBDIVISION 7138), A-4 (SUBDIVISION 7139), AND A-5 (SUBDIVISION 7140) TO INCLUDE A CONDITIONAL USE PERMIT ALLOWING EXCESS SITE COVERAGE AND SITE DEVELOPMENT REVIEW FILED BY MAC KAY & SOMPS ON BEHALF OF TOLL CA II, L.P. A-3 WHEREAS, Applicant has filed an application requesting a Conditional Use Permit to allow excess site coverage and a Site Development Review for Dublin Ranch Area A, specific to Neighborhood Areas A- 2, A-3, A-4, and A-5 in the Eastern Dublin Specific Plan area; and WHEREAS, a complete application for the above noted entitlement request is available and on file in the Community Development Department; and WHEREAS, a Planned Development Zoning District PA 96-038 was adopted for Dublin Ranch Area "A" on November 18, 1997; and WHEREAS, resolutions were adopted by the Planning Commission on July 25, 2000 approving the subdivision maps as follows: Areas A-2/Subdivision 7137 (Resolution No. 00-38), A-3/Subdivision 7138 (Resolution No. 00-39), A-4/Subdivision 7139 (Resolution No. 00-40), and A-5/Subdivision 7140 (Resolution No. 00-41); and WHEREAS, the conditions of approval for the above-referenced Subdivision Maps were amended by the Planning Commission on February 26, 2002 which superseded the above-referenced Resolutions by the following Resolutions: Areas A-2/Subdivision 7137 (Resolution No. 02-10), A-3 Subdivision 7138 (Resolution No. 02-11), A-4/Subdivision 7139 (Resolution No. 02-12), and A-5/Subdivision 7140 (Resolution No. 02-13); and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), CEQA Guidelines Section 15182, the proposed 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 WHEREAS, the Planning Commission did hold a public hearing on said application on December 10, 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 recommending that the Planning Commission approve the Conditional Use Permit and Site Development review, subject to conditions; and WHEREAS, the Planning Commission did hear and use their independent judgment and considered all said reports, recommendations, and testimony herein above set forth. NOW, THEREFORE, BE IT RESOLVED that the Dublin Planning Commission does hereby make the following findings and determinations regarding proposed Conditional Use Permit: 1. The proposed use, as conditioned, is consistent with the policies of the General Plan and the Eastern Dublin Specific Plan. 2. The proposed use and related structures would not be contrary to the Planned Development Rezones, Site Development Reviews, and Subdivision Maps approved for these areas because considered as a whole, the project meets the intent of the Development Plan for Dublin Ranch. 3. The proposed use is in conformance with regional transportation and growth management plans because the proposed project will not increase the number of units beyond that previously approved for the site. 4. The proposed use is compatible with other land uses and services in the vicinity because the proposed project is a continuation of the development pattern for Dublin Ranch. 5. The proposed use, as conditioned, will not be detrimental to the public health, safety, and welfare because there are adequate provisions for public services. 6. The proposed use, as conditioned, will not adversely affect the health or safety of persons residing or working in the vicinity as the public utilities to serve the properties will be sized to support the development proposed by this application. 7. The proposed use, as conditioned, will not be injurious to property or improvements in the neighborhood as the improvements will be provided in conjunction with the development and no special provisions will be needed to accommodate the development proposed. 8. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use and related structures would not be detrimental to the public health safety or welfare because no additional development potential will result from the proposed project beyond that originally approved with the vesting tentative tract maps. 9. The project sites are suitable for the type, density, and intensity of the proposed use and related structures because the project has been designed to comply with the development standards adopted previously and as amended by this application. BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby make the following findings and determinations regarding proposed Site Development Review: 1. The approval of this Site Development Review, as conditioned, is consistent with the intent/purpose of Section 8.104 (Site Development Review) of the Zoning Ordinance. 2. The approval of this Site Development Review, as conditioned, complies with the policies of the General Plan, the Eastern Dublin Specific Plan, and the Planned Development Rezone Development Plan for the project, which allows for residential development at this location. 3. The approval of this Site Development Review, as conditioned, is consistent with the design review requirements in the Eastern Dublin Specific Plan and City of Dublin Zoning Ordinance. 4. The approval of this Site Development Review, as conditioned, is in conformance with regional transportation and growth management plans. 5. The approval of this Site Development Review, as conditioned, is in the best interests of the public health, safety, and general welfare as the development is consistent with all laws and ordinances and implements the Dublin General Plan and Eastern Dublin Specific Plan. 6. The proposed site development, including site layout, vehicular access, circulation and parking, setbacks, height, walls, public safety, and similar elements, as conditioned, has been designed to provide a harmonious environment for the development. 7. The project has been designed with architectural considerations (including the character, scale, design quality, and the relationship among buildings), along with Conditions of Approval, in order to ensure compatibility among the design of this project, the character of adjacent uses, and the requirements of public service agencies. 8. Landscape elements (including the location, type, size, color, texture, and coverage of plant materials, provisions, and similar elements previously approved) combined with Conditions of Approval have been established to ensure visual relief and an attractive public environment. BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby approve PA 02- 020 (Area A-2/Subdivision No. 7137), PA 02-021 (Area A-3/Subdivision No. 7138), PA-02-022 (Area A- 4/Subdivision No. 7139), and PA-02-023 (Area A-5/Subdivision No. 7140) which includes a Conditional Use Permit to allow excess site coverage and a Site Development Review subject to the following Conditions of Approval. 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 subject to Department of Community Development review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [ADM] Administration/City Attorney, [B] Building division of the Community Development Department, [DSR] Dublin San Ramon Services District, [F] Alameda County Fire Department/City of Dublin Fire Prevention, [FIN] Finance Department, [PL] Planning division of the Community Development Department, [PO] Police, [PW] Public Works Department. CONDITION TEXT RESP. WHEN APPLICANT AGENCY REQ'D COMMENTS Prior to: GENERAL CONDITIONS 1. Approval. The Conditional Use Permit (CUP) PL, PW Approval of N/A allows a maximum coverage of 45% in Dublin Ranch any plan Area "A" neighborhood areas A-2 (Subdivision No. 7137), A-3 (Subdivision No. 7138), A-4 (Subdivision CONDITION TEXT RESP. WHEN APPLICANT AGENCY REQ'D COMMENTS Prior to: No. 7139), and A-5 (Subdivision No. 7140). 2. Previous Approvals. All conditions contained in previous Planning Commission approvals and administrative permits are hereby incorporated by reference, including but not limited to: Resolution 00-038 (superseded by Resolution No. 02-10) for Area A-2/Subdivision No. 7137, Resolution No. 00- 039 (superseded by Resolution No. 02-11) for Area A-3/Subdivision No. 7138, Resolution No. 00-40 (superseded by Resolution No. 02-12) for Area A- 4/Subdivision No. 7139, and Resolution No. 00-41 (superseded by Resolution No. 02-13) for Area A- 5/Subdivision No. 7140. 3. Term. Approval of PA 02-020, PA 02-021, PA 02- PL Approval of Standard 022, and PA 02-023 shall be valid for one year from Improvement approval by the Planning Commission. If Plans construction has not commenced by that time, this approval shall be null and void. The approval period may be extended six (6) additional months by the Director of Community Development upon determination that the Conditions of Approval remain adequate to assure that the above stated findings of approval will continue to be met. (Applicant/Developer must submit a written request for the extension prior to the expiration date.) 4. Revocation. PA 02-020, PA 02-021, PA 02-022, PL On-going Municipal and/or PA 02-023 may be revoked for cause in Code accordance with Section 8.96.020.I of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this approval shall be subject to citation. 5. Fees. Applicant/Developer shall pay all applicable Various Various times, 31-33, 47, 266 fees in effect at the time of building permit issuance, but no later MM Matrix including, but not limited to, Planning fees, Building than Issuance fees, Dublin San Ramon Services District fees, Public of Building Facilities fees, Dublin Unified School District School Permits Impact fees, Public Works Traffic Impact fees, Alameda County Fire Services fees; Noise Mitigation fees, Inclusionary Housing In-Lieu fees; Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; and any other fees as noted in the Development Agreement. Un-issued building permits subsequent to new or revised TIF's shall be subject to recalculation and assessment of the fair share of the new or revised 4 CONDITION TEXT RESP. WHEN APPLICANT AGENCY REQ'D COMMENTS Prior to: fees. 6. Required Permits. Applicant/Developer shall Various Various times, Standard obtain all necessary permits required by other but no later agencies and shall submit copies of the permits to the than Issuance Department of Public Works. of Building Permits 7. Building Codes and Ordinances. All project B Through Standard construction shall conform to all building codes and Completion ordinances in effect at the time of building permit. 8. Standard Conditions. The project shall comply PL, B Through Standard with the City of Dublin Site Development Review Completion Standard Conditions attached hereto as Exhibit A. 9. House Numbers List. Applicant/Developer shall PL Issuance of COA submit a house numbers list corresponding lots Building shown on the Tentative Map. Said list is subject to Permits approval of the Director of Community Development. 10. Air Conditioning Units - Air conditioning units and B, PL Occupancy of COA ventilation ducts shall be screened from public view Unit with materials compatible to the main building and shall not be roof mounted. Units shall be permanently installed on concrete pads or other non- movable materials to be approved by the Building Official and Director of Community Development. Air conditioning units shall be located such that each dwelling unit has one side yard with an unobstructed width of not less than 36 inches. 11. Automatic Garage Door Openers - Automatic B, PL Occupancy of COA garage door openers shall be provided for all Unit dwelling units and shall be of a roll-up type. Garage doors shall not intrude into the public right-of-way. WALLS AND FENCING 12. Interior walls and Fences. All walls and fences PL Occupancy of COA shall conform to Section 8.72.080 of the Zoning Unit Ordinance unless otherwise required by this resolution. Construction/installation of common/shared fences or walls for all side and rear yards shall be the responsibility of Applicant/Developer. Construction shall consist of solid wood fences and masonry walls as shown on preliminary landscape plan. 13. Wall or Fence Heights. All wall or fence heights PW Approval of shall be 6 feet high (except in those locations where Improvement Section 8.72.080 of the Zoning Ordinance requires Plans lower fence heights and where an 8-foot sound CONDITION TEXT RESP. WHEN APPLICANT AGENCY REQ'D COMMENTS Prior to: attenuation wall is required). All walls and fences shall be designed to ensure clear vision at all street intersections to the satisfaction of the Director of Public Works. 14. Level area on both sides offence. Fencing placed PW, PL Issuance of at the top of banks/slopes shall be provided with a Grading minimum one-foot level area on both sides in order to Permits facilitate maintenance by the property owners. 15. Recreational Vehicle Parking. Recreation vehicle On-going Municipal (as defined in the Dublin Zoning Ordinance) parking Code shall be prohibited on public streets. Reference shall be noted in appropriate CC&R's. POLICE 16. Residential Security. The project shall comply with PL, B Occupancy of Standard the City of Dublin Residential Security Requirements Units and the Conditions of Approval for the Vesting Tentative Maps. LANDSCAPING 17. Final Landscaping and Irrigation Plan. PL, PW Issuance of COA Applicant/Developer shall submit a Final Building Landscaping and Irrigation Plan, conforming to the Permits requirements of Section 8.72.030 of the Zoning Ordinance (unless otherwise modified by Conditions of this Resolution), stamped and approved by the Director of Public Works and the Director of Community Development. Plans must reflect any project design revisions approved for subsequent Site Plans, Vesting Tentative Map or stream restoration program. 18. Final Landscape Plan Review. The plant palette PL Issuance of COA varieties shall be shall be subject to review and Building approval of the Director of Community Development Permits and reviewed by the City's Landscape Architect to determine compatibility with reclaimed water use, where appropriate. An irrigation plan shall be submitted with Final Landscape Plans indicating that the system is designed for reclaimed water, where required by DSRSD. 19. Landscaping required. All front yards and common PL Within 90 days COA areas shall be landscaped by the builder or of Occupancy homeowner within 90 days of occupancy of each unit, unless prohibited by seasonal/weather problems. CONDITION TEXT RESP. WHEN APPLICANT AGENCY REQ'D COMMENTS Prior to: 20. Street Trees. Street tree varieties of a minimum 15- PL, PW Issuance of PW Standard gallon size shall be planted along all street frontages Building as shown on the Landscape Plan. Exact tree Permits locations and varieties shall be reviewed and approved by the Director of Community Development. Trees planted within, or adjacent to, sidewalks or curbs shall be submitted to the Department of Community Development for review and approval by the Director of Community Development and the Director of Public Works to determine the need for root shields. 21. Fire-resistant or drought tolerant plant varieties. PL, F Issuance of COA Fire-resistant or drought tolerant plant varieties shall Building be required in the plant palette. Permits 22. Monument Signs. Design of any monument signs PL, PW Completion of COA within the development shall be approved by the Improvements Director of Community Development to assure compatibility with design elements of the project and by the Director of Public Works to assure unobstructed traffic visibility. 23. Backflow Devises. Backflow devises shall be hidden PL Issuance of Standard from view by means of fencing, enclosures, Grading landscaping, and/or berms. Permits 24. Water Efficient Landscape Regulations. PL, PW, Approval of Standard Applicant/Developer shall ensure that the Final DSR Final Landscaping and Irrigation Plan conforms to the Landscape City's Water Efficient Landscape Regulations, Plans including dual piping to facilitate future recycled water. STANDARDS 25. Health, Design and Safety Standards. Prior to final PW, PL Occupancy of Standard approval allowing occupancy of any new home, the Unit physical condition of the subdivision and the lot where the home is located shall meet minimum health, design, and safety standards including, but not limited to the following: a. The streets providing access to the home shall PL Occupancy of Standard be complete to allow for safe traffic movements Unit to and from the home. b. All traffic striping and control signing on streets PW Occupancy of Standard providing access to the home shall be in place. Unit c. All street name signs on streets providing PL Occupancy of Standard access to the homes shall be in place. Unit d. All streetlights on streets providing access to PW Occupancy of Standard the homes shall be energized and functioning. Unit CONDITION TEXT RESP. WHEN APPLICANT AGENCY REQ'D COMMENTS Prior to: e. All repairs to the street, curb, gutter, and PW Occupancy of Standard sidewalk that may create a hazard shall be Unit required or any non-hazardous repairs shall be complete and bonded for. f. The homes shall have a backlighted illuminated PL Occupancy of Standard house number. Unit g. The lot shall be finish graded, and final grading B Occupancy of Standard inspection shall have been approved by the Unit Building Department. h. All sewer clean-outs, water meter boxes, and PW Occupancy of Standard other utility boxes shall be set to grade to the Unit approval of the Director of Public Works. i. The homes shall have received all necessary B Occupancy of Standard inspections and have final approval by the Unit Building Department to allow occupancy. j. All fire hydrants in streets providing access to F Occupancy of Standard the homes shall be operable to City and ACFD Unit standards. k. All streets providing access to the homes shall PW, F Occupancy of Standard be improved to an adequate width and manner Unit to allow for fire engine circulation to the approval of the Director of Public Works and ACFD. 1. All mailbox units shall be at the back of the PL Occupancy of Standard curb/sidewalk as appropriate. The developer Unit shall submit a mailbox design and location plan to indicate where mailboxes and associated lighting will be accommodated. The Postmaster shall be consulted for design criteria. Architectural enhancements should be provided to community mailboxes where visible from the project streets. m. Exterior lighting shall be provided for dwelling PL Occupancy of Standard entrances and shall be of a design and Unit placement so as not to cause glare onto adjoining properties. n. Lighting used after daylight hours shall be PL, PO, B Occupancy of Standard adequate to provide for security needs. Unit (Photometrics and lighting plans for the site shall be submitted to the Department of Community Development and Dublin Police Services for review and approval prior to the issuance of building permits). Phased Occupancy Plan 26. Phased Occupancy Plan. If occupancy is requested PL, B Prior to CONDITION TEXT RESP. WHEN APPLICANT AGENCY REQ'D COMMENTS Prior to: to occur in phases, then all physical improvements Occupancy for within each phase shall be required to be completed any affected prior to occupancy of units within that phase except unit. for items specifically excluded in an approved Phased Occupancy Plan, or minor hand work items, approved by the Department of Community Development. The Phased Occupancy Plan shall be submitted to the Director of Community Development for review and approval a minimum of 45 days prior to the request for occupancy of any unit covered by said Phased Occupancy Plan. Any phasing shall provide for adequate vehicular access to all lots in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. No individual unit shall be occupied until the adjoining area is finished, safe, accessible, provided with all reasonably expected services and amenities, and separated from remaining additional construction activity. Subject to approval of the Director of Community Development, the completion of landscaping may be deferred due to inclement weather with the posting of a bond for the value of the deferred landscaping and associated improvements. 27. Acknowledgment. Applicant/Developer shall obtain PL, ADM, Sale of any a written acknowledgment (secured from the B unit within a individual property owner) acknowledging the phase continuance of construction activity within the unoccupied phases of the project. The written acknowledgment shall include a statement that the property owner has reviewed and understands the phased occupancy plan, and the associated Conditions of Approval. Said acknowledgment is subject to City Attorney review and approval. Applicant/Developer shall keep a copy of said written acknowledgment on file and shall submit the original signed acknowledgment to the Department of Community Development within three (3) days upon request of the Director of Community Development. If Applicant/Developer fails to comply, the Director of Community Development may require the submittal of the written acknowledgment prior to release of occupancy of any future units and/or future phases. PLOTTING CONDITION TEXT RESP. WHEN APPLICANT AGENCY REQ'D COMMENTS Prior to: 28. Plot Plan. A plot plan for each single family PL Issuance of Standard COA residential lot shall be submitted and approved by the Building Director of Community Development before Permits approval of building permits for the respective lot. Said plot plan shall include pad elevations, unit number and type as well as elevation scheme, dwelling unit outline, air conditioning units, setbacks, lot drainage, and street utility locations. 29. Plotting Plans - Plotting Plans for each phase of the PL, PW Issuance of Standard COA project shall be submitted by the Developer to the Building Department of Community Development for Permits approval by the Director of Community Development, and Director of Public Works prior to submitting for building permits in each respective phase. 30. Plotting Sequence - The same model/floor plan may PL Issuance of be placed next to or across the street from another of Building the same. However, no more than two of the same Permits plans may be in sequence without interruption by a different model or floor plan. In cases where the same plans are adjacent, this same model may not be plotted across the street. In no case will the same elevation style or color scheme be allowed next to or across the street from another of the same unless the model or floor plan is different. ARCHITECTURE 31. Architecture - Residential units shall comply with PL Issuance of the architectural drawings submitted by MacKay & Building Somps dated received December 2002, for each Permits respective area as follows: Area A-2 - Bassenian Lagoni Architects, Area A-3 - William Hezmalhalch Architects, Area A-4 (Plans 1, 2 & 4) - LSA Architecture, Area A-4 (Plan 3) - Hunt Hale Jones Architects, and Area A-5 - LSA Architects. Colors and Materials of the structures generally shall conform to those presented to the Planning Commission, on file in the City of Dublin Department of Community Development. DISCLOSURES 32. Disclosure. All residents shall be notified of the PW Sale of any COA restrictions for parking on streets within the unit within a subdivision. "No Parking" areas, as established with phase the improvement plans, towing, and other traffic safety regulations shall be described. Additional parking restrictions (e.g., red curb areas) may be 10 CONDITION TEXT RESP. WHEN APPLICANT AGENCY REQ'D COMMENTS Prior to: applied in the future if traffic safety or circulation problems arise. 33. Disclosure. At the time of sale of lots within the Sale of any PW 3/19/98 project, all residents shall be notified of the special unit within a standards for this development regarding yard phase setbacks for accessory structures. 34. Parkland Dedication - The developer shall be PL Addressed in 13 required to pay a Public Facilities Fee in the amounts Development MM Matrix/ and at the times set forth in City of Dublin Resolution Agreement Parks letter No. 32-96, adopted by the City Council on March 26, dated 2/26/98 1996, or in the amounts and at the times set forth in any resolution revising the amount of the Public Facilities Fee. No credit against the dedication requirement shall be given for open space within this project. 35. Compliance With Requirements. F, PW, Approval of Standard Applicant/Developer shall comply with all applicable PO, Zone Improvement requirements of the Alameda County Fire 7, DSR, Plans Department, Public Works Department, Dublin PL Police Service, Alameda County Flood Control District Zone 7, and Dublin San Ramon Services District as referenced in Resolution 00-038 (superseded by Resolution No. 02-10) for Area A- 2/Subdivision No. 7137, Resolution No. 00-039 (superseded by Resolution No. 02-11) for Area A- 3/Subdivision No. 7138, Resolution No. 00-40 (superseded by Resolution No. 02-12) for Area A- 4/Subdivision No. 7139, and Resolution No. 00-41 (superseded by Resolution No. 02-13) for Area A- 5/Subdivision No. 7140. 36. Building Permits. To apply for building permits, B Issuance of Standard Applicant/Developer shall submit six (6) sets of Building construction plans to the l~uilding Department for Permits plan check. Each set of plans shall have attached an annotated copy of these Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will or have been complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all participating non-City agencies prior to issuance of building permits. PUBLIC WORKS CONDITIONS 37. Decorative Street Lights. Applicant/Developer PW Completed shall install streetlight per the approved decorative before 11 CONDITION TEXT RESP. WHEN APPLICANT AGENCY REQ'D COMMENTS Prior to: streetlights approved for Dublin Ranch Area A installation o£ except that the poles shall be painted metal. A street the light poles lighting plan, which demonstrates compliance with these conditions, shall be submitted prior to installation of any street lights ins the tract and shall be subject to review and approval of the Director of Public Works. PASSED, APPROVED AND ADOPTED this 10th day of December, 2002. AYES: Cm. Johnson, Jennings, Musser, Fasulkey and Nassar NOES: ABSENT: ATTEST: Plannihg h~anager ~an~ing (~mmi~ion Chai~'~',s~~~ G:PA02-020/DubRnchRes_SDR&C UPA-2thruA-5 .doc 12