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HomeMy WebLinkAboutPC Reso 11-31 Chateau @ Fallon Crossing CUP to Amend Stg 2 PDRESOLUTION NO. 11 - 31 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT TO AMEND THE STAGE 2 PLANNED DEVELOPMENT PLAN FOR FALCON CROSSING (PA 04-016) TO AMEND THE PLOTTING OF THE RESIDENTIAL UNITS FOR THE PROJECT KNOWN AS CHATEAU AT FALCON CROSSING LOCATED AT THE INTERSECTION OF TASSAJARA AND FALCON ROADS (PORTION OF APN 985-00202-001) WHEREAS, Standard Pacific Corporation, developer of Chateau at Fallon Crossing, has filed an application request for a Conditional Use Permit to amend the Stage 2 Planned Development Zoning PA 04-016, adopted by Ordinance 26-07, to amend the plotting of the residential units to the new architecture proposed; and WHEREAS, Section 8.32.080 of the City of Dublin Zoning Ordinance, Planned Development Zoning District, states that the Planning Commission by means of a Conditional Use Permit may approve minor amendments to an adopted Planned Development upon a finding that the amendment substantially complies with and does not material change the provisions or intent of the adopted Planned Development Zoning Ordinance for the site; and WHEREAS, the area within Fallon Crossing PA 04-016 allows for single family land uses; and WHEREAS, the new architecture resulting: in the revised plotting plan is consistent with all previous approvals; and WHEREAS, the proposed revised plotting would not result in exceeding allowable lot coverage for the Fallon Crossing project; and WHEREAS, there is circulation (both vehicular and .pedestrian) adjacent to the proposed residential lots; and WHEREAS, the Planning Commission of the City of Dublin held a public hearing on said application request on November 8, 2011; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth .and used its independent judgment to evaluate the project; and WHEREAS, the proposed amendment to the Planned Development Plan (PA 04-016) has been reviewed and has been determined to be consistent with the Eastern Dublin Specific Plan, which was adopted in 1994 and has a certified Program EIR (SCH No. 91- 103064). Pursuant to the California Environmental Quality Act (CEQA), 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 Resolufron No. 51-93 and the Addenda dated May 4, 1993 and August 22, 1994 (the "FEIR"}; and WHEREAS, on May 10, 1993, the City Council certified an Environmental Impact Report ("EIR") for the Eastern Dublin GPA/SP Project and an addendum to update plans to provide sewer service. The May 10, 1993 EIR, the May 4, 1993 addendum and the August 22, 1994 addendum are collectively referred to as the Eastern Dublin EIR; and WHEREAS, on May 16, 2006, the Gity Council approved a Mitigated Negative... Declaration by Resolution 71-06, for prezonings, an annexation application (including the Fredrich property) Stage 1 Planned Development zoning, and a preannexation agreement for Fallon Grossing PA 04-016; and WHEREAS, on May 16, 2006, the City Council approved the prezonings and a Stage 1 Development Plan by Ordinance 07-06 for Fallon Crossing PA 04-016; and WHEREAS, as of July 1, 2007, the project site was annexed to the City of Dublin; and WHEREAS, on November 13, 2007 the Planning Commission adopted Resolution 07- 58 recommending City Council approval of the Fallon Crossing PA 04-016 Stage 2 Planned Development Zoning, and adopted Resolution 07-59 approving a Site Development Review in accordance with Zoning Ordinance Chapter 8.104 for 106 units on 67.8 acres, and Tentative Map 7617; and WHEREAS, on December 18, 2007, the City Council of the City of Dublin adopted Ordinance 26-07 approving Fallon Crossing PA 04-016 Stage 2 Planned Development Zoning; and WHEREAS, a Staff Report was submitted recommending the Planning Commission approve the Conditional Use Permit in accordance with the findings referenced below; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT the Dublin Planning Commission does hereby find that: A. The proposed use and related structures is compatible with other land uses, transportation and service facilities in the vicinity in that the proposed replotting of the individual lots to conform to the new architecture is compatible with other land uses, transportation, and service facilities approved for the vicinity. B. It 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 welfare in that it is a replotting of new architectural units that would not exceed allowable site coverage for the Fallon Grassing project. C. The proposed amendment will not be injurious to property or improvements in the neighborhood in that the new plotting would not violate any standards found in either the Stage 1 or Stage 2 Development Plans. D. The proposed amendment will allow adequate provisions for public access, water, sanitation, and public utilities to ensure that the proposed use and related structure(s) will not be detrimental to the public health, safety, and welfare in .that: 1 }all infrastructure needed to serve the project site has been constructed; and 2} the amended replotting will reflect the scale, design, and function of the land plan and in the Fallon Crossing project over all. E. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed in that: 1) The proposed replotting proposed for amendment is physically suitable for the type, density, and intensity of the use on the project site; 2) it would be adjacent to other similar and complementary single family residential structures in the general vicinity; and 3) there would be adequate parking based on the adopted standards in the PD development regulations. F. The proposed amendment will not be contrary to the specific intent clauses, development regulations, or performance standards established for the PA 04- 016 because it will still meet the intent and be subject to the development regulations and the performance standards adopted with the PA 04-016 Stage 2 Planned Development Zoning Ordinance (Ordinance 26-47), adopted on December 18, 2007. G. The proposed amendment is consistent with the Dublin General Plan and with any applicable Specific Plans in that it would allow residential density, lot coverage, and parking provided to remain consistent with the Dublin General Plan and the Eastern Dublin Specific Plan. NOW, THEREFORE, BE iT FURTHER RESOLVED THAT the Planning Commission of the City of Dublin does hereby approve a Conditional Use Permit to amend the Planned Development Plan (PA 04-016) for Fallon Grossing to amend the .plotting of the residential units (See Sheet C3 of Attachment 3) for the project known as Chateau at Fallon Crossing located at the intersection of Tassajara and Fallon Roads. PASSED, APPROVED AND ADOPTED this 8th day of November 2011. AYES: Brown, Wehrenberg, Schaub, O'Keefe NOES: ABSENT: Bhuthimethee ABSTAIN: P Wing Commission Chairperson ATTEST: Planni ger G:1PA#12004104-016 Mission Peak -Standard PacifrclPC 11.08.? 1 ChateaulPC Reso CfIP Chateau 11.08.11.docx