HomeMy WebLinkAboutPC Reso 12-04 Capistrello Court NOT recommend PD Stg 1&2 AmdRESOLUTION NO. 12-04
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE GITY COUNCIL NOT ADOPT AN ORDINANCE APPROVING A
PLANNED DEVELOPMENT REZONE AND RELATED STAGE 1 AND STAGE 2
DEVELOPMENT PLAN AMENDMENT FOR A PROPERTY KNOWN AS CAPISTRELLO
COURT
(APN 985-0073-005-00}
PA 07-005
WHEREAS, the Braddock & Logan Services, Inc. submitted applications fora 2.8-acre
parcel known as Capistrello Court within a planned community known as Positano within the
Eastern Dublin Specific Plan area. The application includes: a) amendments to land use
designations for both the General Plan and the Eastern Dublin Specific Plan; b) Planned
Development (PD) Rezoning with related Stage 1 and Stage 2 Development Plan Amendment
consistent with the land use amendments; c) Site Development Review for 12 detached single-
family units; and d) Vesting Tentative Tract Map 8072 creating 12 lots. The applications
collectively are defined as the "Project;" and
WHEREAS, the Project area generally is located at the southeast corner of Positano
Parkway and West Cantara Drive and currently is vacant land; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and the CEQA
Guidelines, the City as the Lead Agency, prepared a draft Addendum entitled "Capistrello Court
at Positano project" ("CEQA Addendum") to three Environmental Impact Reports (EIRs} certified
previously for potential development that included the Project site; and
WHEREAS, on January 24, 2012, the Planning Commission held a public hearing and
adopted Resolution 12-02 recommending that the City Council adopt the CEQA Addendum to
the EIRs, and Resolution 12-XX recommending that the City Council not approve the related
General Plan and Specific Plan Amendments for the Project, which resolutions are incorporated
herein by reference; and
WHEREAS, a staff report for the Planning Commission, dated January 24, 2012 and
incorporated herein by reference, described and analyzed the Addendum and the Project,
including the proposed Planned Development Rezoning and the related Stage 1 and Stage 2
Development Plan Amendment, and recommended approval of the Addendum; and
WHEREAS, on January 24, 2012 the Planning Commission held a properly noticed
public hearing on the Project, including the Addendum and prior EIRs, and the proposed
Planned Development Rezoning with related Development Plan Amendments at which time all
interested parties had the opportunity to be heard; and
WHEREAS, the Planning Commission considered the Addendum, the prior EIRs and all
above-referenced reports, recommendations and testimony to evaluate the project.
WHEREAS, the Planning Commission felt the existing Semi-Public General Plan Land
Use Designation was appropriate for the site, more opportunities exist for such Semi-Public
uses in the future,. and additional dialogue should occur with the surrounding community before
such a change in use is approved, and thus could not support the proposed Planned
Development Rezone and related Stage 1 and 2 Development Plan.
NOW, THEREFORE,. BE IT RESOLVED that the foregoing recitals are true and correct
and made a part of this resolution.
BE IT FURTHER RESOLVED that the Dublin Planning Commission recommends that
the City Council not approve the Ordinance attached as Exhibit A and incorporated herein by
reference, based on findings that the PD zoning: a} is not consistent with the General Plan and
Eastern Dublin Specific Plan, and b} will not be harmonious and .compatible with existing and
potential development in the surrounding area.
PASSED, APPROVED, AND ADOPTED this 24th day of January 2012 by the following vote:
AYES: Wehrenberg, Brown, Schaub, O'Keefe, Bhuthimethee
NOES:
ABSENT:
ABSTAIN:
ATTES
Secrets
Planning Commission
G:IPA#12007107-005 PositanolPC Mtg 1.24.12 Capistrello Court GPA.SPA.Stage 1,2.SDR.VTMIPC reso NOT n;commending PD Ord for
capistrello. doc
ORDINANCE NO. XX -12
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*****************************************
ADOPTING A PLANNED DEVELOPMENT REZONE AND RELATED STAGE 1 AND 2
DEVELOPMENT PLAN AMENDMENTS FORA 2.8-ACRE PARCEL KNOWN AS
CAPISTRELLO COURT WITHIN THE
PLANNED COMMUNITY KNOWN AS POSITANO
(APN 985-0073-005-00)
PA 07-005
The City Council of the City of Dublin does ordain as follows:
SECTION 1: RECITALS
A. On December 13, 2005, the City Council adopted Ordinance No. 32-05 approving
Planned Development Zoning and a related Stage 1 Development Plan for the entire 1,134-acre
Fallon Village project area (PA 04-040) and Ordinance 33-05 approving the Stage 2
Development Plan for the 488-acre Braddock & Logan properties (PA 05-038) now known as
Positano, which ordinances are incorporated herein by reference.
B. The Stage 1 and 2 Development Plans anticipated Semi-Public use of the Project
site; the proposed project would modify the previously approved Development Plans to provide
for a residential subdivision instead.
SECTION 2: FINDINGS
A. Pursuant to Section 8.120.050 of the Dublin Municipal Code, the City Council finds as
follows.
The proposed Stage 1 and Stage 2 Planned Development rezoning for
Capistrello Court (the "Property's within the Positano planned community will
be harmonious and compatible with existing and potential development in
surrounding areas because: the proposed rezoning of the Capistrello Court
property from Semi-Public to Single-Family Residential would allow
development of the property similar to Single-Family Residential development
on surrounding properties located within the Positano planned community.
2. The Capistrello Court Project site is physically suitable for the type and
intensity of the Planned Development Zoning District proposed because: 1) it is
located within and surrounded by Single-Family development and area zoned
for that use; 2) Capistrello Court will be integrated with the adjacent Cantara
neighborhood and developed under standards consistent with the standards
adopted for the adjacent neighborhoods; 3) the rezoning and Stage 2
Development Plan will allow the construction of 12 units which will remain
within the permitted maximum density of 6.0 units per acre.
3. The proposed Stage 1 and Stage 2 Planned Development rezoning for
Capistrello Court will not adversely affect fhe health or safety of persons
EXHIBIT A TO
ATTACHMENT 3
residing or working in the vicinity, or be detrimental to the public health, safety
and welfare because: 1) development resulting from the proposed rezoning of
the Property would be subject to development standards approved for Single-
Family Residential development in the Positano community through Ordinance
33-05; and 2) development resulting from the proposed rezoning of the
Property would be subject to ordinance requirements and conditions of
approval designed to preserve public health, safety, and welfare.
4. The proposed Stage 1 and Stage 2 Planned Development rezoning for
Capistrello Court is consistent with the Dublin General Plan and the Eastern
Dublin Specific Plan because the Property has been designated for Single-
Family Residential development under the companion General Plan and
Eastern Dublin Specific Plan amendments approved by Resolution on
2012; and 2) the requested zoning is consistent with this land use.
B. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as
follows.
1. The proposed Stage 1 and Stage Rezoning meets the purpose and intent of
Chapter 8.32 Planned Development Zoning District of the Dublin Zoning
Ordinance because: 1) the proposed project is consistent with the intent of the
General Plan and Eastern Dublin Specific Plan designation for Single-Family
Residential development approved by Resolution on
2012; and 2) the proposed project complies with purposes stated in Section
8.32.010 of the Dublin Zoning Ordinance by coordinating planning and future
development of the Project site with existing and planned residential
development in neighboring areas.
2. Development under the Planned District Development Plan will be harmonious
and compatible with existing and future development in the surrounding area
because: 1) the proposed rezoning of the Capistrello Court property from Semi-
public to Single-Family Residential would allow development of the Property to
similar Single-Family Residential development on surrounding properties
located within the Positano planned community; and 2) with the Project site's
shallow southwest slope, adequate hillside slope preservation and bio-retention
measures will be incorporated to prevent run-off onto adjacent and surrounding
developments..
C. Pursuant to the California Environmental Quality Act, an Addendum was adopted in
compliance with the California Environmental Quality Act (CEQA) to previously certified
Environmental Impact Reports (EIRs) including: 1) Supplemental EIR (SEIR) SCH
#2001052114 by City Council Resolution 40-02 (2002) for the project known as the Eastern
Dublin Property Owners (EDPO), and 2) SEIR SCH #2005062010 by City Council Resolution
222-05 (2005) for the larger project known as Fallon Village. Both of the SEIRs are
supplements to the 1993 Eastern Dublin EIR certified by the City Council on May 10, 1993 (SCH
#91103064 by Resolution 51-930) incorporated herein by reference. The City Council adopted
the Addendum on , 2012 by Resolution ,incorporated herein by reference.
2
SECTION 2. ZONING MAP AMENDMENT
Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code the City of Dublin Zoning
Map is amended to rezone the Capistrello Court property to the PD-Planned Development
zoning district:
2.8 acres generally located at the southwest corner of Positano Parkway and West
Cantara Drive (APN 985-0073-005-00) ("Property").
A map of the rezoning area is shown below:
SECTION 3. APPROVAL OF DEVELOPMENT PLAN AMENDMENTS
The regulations for the use, development, improvement, and maintenance of the Property are
set forth in the Fallon Village Stage 1 Development Plan adopted through Ordinance 32-05 and
Positano Stage 2 Development Plan adopted through Ordinance 33-05 for the Project area
except as amended below, which amendments are hereby approved. Any further amendments
to the Stage 1 and Stage 2 Development Plans shall be in accordance with section 8.32.080 of
the Dublin Municipal Code or its successors.
A separately bound document titled Capistrello Court (hereafter "Capistrello booklet"), submitted
as part of the Project applications and dated January 2012, is incorporated herein by reference
and on file in the Dublin Community Development Department.
1. Proposed uses. All uses permitted, conditional, accessory, and temporary for PD Single-
Family Residential approved by Ordinances 32-05 and 33-05 are applicable to the Property.
2. Stage 1 and 2 Site Plans. The Stage 1 and Stage 2 Site Plans are amended and included
herein as Exhibit A. The effect of this amendment is to adopt revised Site Plans showing the
residential project and subdivision.
3. Landscape Plan. The landscape and fence plans are amended and included herein as
Exhibit B.
4. Site area, proposed densities. The site area and proposed densities for the Positano area
in Ordinances 32-05 and 33-05 are amended as shown below to reflect the shift of the Project
site 2.8 acres from semi-public to low density residential and the 12-unit increase in residential
units.
PD ZONING/LAND USE SUMMARY TABLE OF CHANGES
Stage 1 & 2 Planned Development
Zonin for Positano area Existing Amended
Land Use Designation Gross
Acres units Gross
Acres units
Low-Densit Residential 240.2 1,043 243.0 1,055
Rural Residential/A riculture 123.5 0 123.5 0
Elements School 11.1 0 11.1 0
Communit Park 0 0 0 0
Nei hborhood Park 6.3 0 6.3 0
Nei hborhood S uare 5.3 0 5.3 0
O en S ace Corridor/Multi-Use Trails 99.0 0 99.0 0
Semi-Public 2.8 0 0 0
Total 488.2 1,043 488.2 1,055
5. Phasing Plan. Capistrello Court will be developed as one phase.
6. General Plan, Specific Plan Consistency. Companion General Plan and Eastern Dublin
Specific Plan amendments for the Capistrello Court project and Property were approved by the
City Council on , 2012 through Resolution
7. Development Regulations. Development of the Capistrello Court property shall be subject
to the Residential Site Development Standards in Ordinance 33-05.
SECTION 4. EFFECTIVE DATE AND POSTING OF ORDINANCE
This Ordinance shall take effect and be enforced thirty (30) days following its adoption. The City
Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public
places in the City of Dublin in accordance with Section 36933 of the Government Code of the
State of California.
PASSED, APPROVED AND ADOPTED BY the City Council of the City of Dublin, on this
day of , 2012, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
4
ATTEST:
City Clerk
G:IPA#12007107-005 PositanolPC Mtg 1.24.12 Capistrello Court GPA.SPA.Stage 1,2.SDR.VTMICC Ord-rezone Capistrello.doc
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