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HomeMy WebLinkAboutPCReso03-47 PA02-024 Rec CC Pinn Bros/Silveria Ranch PD RESOLUTION NO. 03 - 47 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDNG THE CITY COUNCIL ADOPT THE ORDINANCE FOR A PLANNED DEVELOPMENT (PD) REZONING AND STAGE 2 DEVELOPMENT PLAN FOR PINN BROTHERS FINE HOMES/SILVERIA RANCH EAST OF TASSAJARA ROAD AT THE INTERSECTION OF FALLON ROAD PA 02-024 WHEREAS, Allan R. Pinn of Pinn Brothers Fine Homes has requested approval of a Planned Development Rezoning and Stage 2 Development Plan for PA 02-024, the Silveria Ranch project on approximately 93.4 acres generally located east of Tassajara Road and at the intersection of Fallon Road to the north and south, encompassing 2 properties and the contiguous right-of-way known as Tassajara Road, APN. 985-0002-008-02 and APN. 985-0002-007-02, for development of a 254 dwelling unit residential development, in the Eastern Dublin Specific Plan area; and WHEREAS, the City Council did hold a public hearing on the request for annexation to the City and a Planned Development Prezoning and Stage 1 Development Plan for the Project on September 17, 2002, and did approve the said Project on that date; and WHEREAS, the Local Agency Formation Commission of Alameda County did hold a public hearing on the request for annexation on January 9, 2003, and did approve the annexation of the property on that date; and WHEREAS, final annexation of the Silveria Ranch property to the City of Dublin did occur on May 5, 2003 with the filing of the annexation map and payment of State taxes and fees; and WHEREAS, this project is within the scope of the Eastern Dublin Specific and General Plan Amendment, for which a Program EIR was certified (SCH No. 91-103064). Pursuant to the California Environmental Quality Act (CEQA), residential projects that are consistent with a specific plan for which an EIR has been certified are exempt from CEQA unless a supplemental EIR is otherwise required by CEQA (See Government Code section 65457). To determine if there were any supplemental impacts that would require the preparation of a supplemental EIR, the City prepared an Initial Study for the project in June 2001 and updated the Initial Study on September 17, 2003. The Initial Study found that the environmental impacts of this project were addressed by the Eastern Dublin EIR (SCH#91-103064). Additionally, wildlife surveys were performed in Spring and August 2003 by Jeff Olberding, Inc., which found two tiger salamander in a pond on the adjacent Mission Peak property, approximately 172 feet from the Project property boundary. The City also reviewed the results of a survey for California tiger salamander breeding and aestivation habitat (California Tiger Salamander Assessment for the Silveria- Haigh! Properly, Olberding Environmental, Inc., September 2, 2003) for the project site. The report recommended four strategies that could be implemented during project construction to assure that the project would not affect tiger salamander that could potentially be present including that a buffer of approximately 750 feet be maintained from the pond during grading and vegetation clearing surrounding the breeding pond during the breeding and migratory seasons (November through June) for potential aestivation habitat. The closest limit of grading from the pond to the Silveria Ranch property is approximately 275 feet (see Figure 6 in Attachment 6 to the project report, Distances to Mission Peak ATTACHMENT 1 Pond), and the closest developed lot is 431 feet from the pond. The Eastern Dublin Specific Plan suggests at least a 100 foot buffer between biological resources and development. The Applicant has incorporated the 750 foot non-disturbance buffer and other recommendations of the biological survey report in the project Development Plan, which are also included in the Conditions of Approval in the Resolution in for the Vesting Tentative Tract Map and Site Development Review; and WHEREAS, the applicant has incorporated all four recommendations in the Project, and also designated 49.1 acres of open space to remain permanently undeveloped to provide potential aestivation habitat areas; and WHEREAS, an addendum to the Eastern Dublin EIR has been prepared summarizing the issues related to the California tiger salamander (See Attachment 5). This constitutes a minor change in the project and environmental review under CEQA guidelines Section 15164(a), and the project will have no significant impact on the species that was not addressed in the previous EIR. All other environmental impacts of this project were fully addressed in the Eastern Dublin EIR, and no new significant information has arisen for this project during the preparation of the initial study and addendum that would require further environmental review; and WHEREAS, a complete application for a Stage 2 Planned Development Rezoning and Development Plan, as required by Section 8.32 of the Zoning Ordinance, has been submitted by the Applicant/Developer which is available and on file in the Community Development Department, Planning Division; and WHEREAS, the Planning Commission held a public hearing on said application on September 23, 2003 and 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 City Council approve the Stage 2 Planned Development Rezoning and Development Plan for PA 02-024, and the Planning Commission did hear and use their independent judgment and considered all said reports, recommendations and testimony hereinabove set forth prior to taking action on the proposed Planned Development Rezoning and Stage 2 Development Plan. NOW, THEREFORE, BE IT RESOLVED THAT the Dublin Planning Commission does hereby make the following findings and determinations regarding the said proposed Planned Development Rezoning and Stage 2 Development Plan for PA 02-024: The proposed Stage 2 Planned Development and Development Plan meets the intent and purpose of Chapter 8.32 of the Zoning Ordinance because it provides a Stage 2 Development Plan for the project for the Pinn Brothers Fine Homes, Silveria Ranch properties project (PA 02-024) that will create a desirable use of land and an environment that will be harmonious and compatible with existing and potential development in surrounding areas, and because the site plan has been designed to be compatible with other proposed and approved plans in the vicinity. The project site is physically suitable for type and intensity of this residential project in that it is intended to conform with the City policies related to hillside development and to be designed to minimally effect the existing topography and terrain of the site; has adequate 2 access; and, is ora sufficient size to provide housing as well as 49.1 acres of permanent open space and 8 acres of open space for the future residents of the project. o The proposed Planned Development Rezoning and Stage 2 Development Plan for the project will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety or welfare because the Stage 2 Development Plan for the project has been designed in accordance with the Stage 1 Prezoning and Development Plan approved on September 17, 2002, City of Dublin General Plan, Eastern Dublin Specific Plan and Program EIR, and Addenda. Additionally, project specific analysis has determined that the project's design is sensitive to biological features onsite and to surrounding land uses. ° The proposed Planned Development Rezoning and Stage 2 Development Plan for the project is consistent with all elements and policies of the Dublin General Plan and the Eastern Dublin Specific Plan because the project is within, and is consistent with, the total number of units allowed within the density range of the Rural Residential, Single Family, Medium Density Residential and Medium-High Density Residential designations of both the City of Dublin General Plan Land Use Element and Eastern Dublin Specific Plan (as amended), and because it conforms to the elements and policies of those plans through the provision of open space and wildlife habitat protection required by the Land Use, Parks and Open Space and Conservation Elements, roadways consistent with the Circulation Element, adequate public facilities as required by the Schools, Public Lands and Utilities Element, Housing as desired by the Housing Element, and safe design as required by the Seismic Safety and Safety Element. The Stage 2 Plmmed Development Rezoning and Development Plan is consistent with Chapter 8.32 of the City's Zoning Ordinance because the Stage 2 Development Plan for the project establishes permitted uses which will ensure that the project is compatible with existing and proposed residential and public uses in the immediate vicinity; and The Stage 2 Planned Development Rezoning and Development Plan will provide efficient use of the land pursuant to the Eastern Dublin Specific Plan that includes the preservation of significant open areas and natural and topographic landscape features with minimum alteration of natural land forms; and The Stage 2 Planned Development Rezoning and Development Plan 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 The adopted Eastern Dublin Specific Plan Mitigation Monitoring Program and the mitigation measures in the Conditions of Approval of Vesting Tentative Tract Map 7441 and the Site Development Review for the project, serve 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 adopt a resolution recommending the City Council adopt an Ordinance approving a Planned Development Rezoning and Stage 2 Development Plan for the project (PA 02-024, Pinn Brothers Fine Homes -Silveria Ranch) as set forth in Attachment 1, Exhibit A-1 (Rezoning) and A-2 (Development Plan), of the Staff report and attached hereto, dated September 23, 2003, which constitutes regulations for the use, improvement, and maintenance of the property. PASSED, APPROVED AND ADOPTED this 23rd day of September 2003. AYES: Cm. Fasulkey, Nassar, King, and Machtmes NOES: ABSENT: ABSTAIN: ATTEST: Plan ./Planning C6mmiSsion Chairper ,,~/ g:\02024\PC-ResoPDStage2.doc 4