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Home My WebLink AboutPC Reso04-43 PA95-030 Dublin Ranch Area a & F No CUP for PD Rez RESOLUTION NO. 04 - 43 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT TO AMEND THE DEVELOPMENT PLANS FOR DUBLIN RANCH PHASE I (PA 95-030), DUBLIN RANCH AREA A (PA 96-038), AND DUBLIN RANCH AREA F NORTH (PA 01-037) TO PERMIT ONE ACCESSORY STRUCTURE UP TO 120 SQUARE FEET TO BE EXEMPT FROM LOT COVERAGE REQUIREMENTS PA 04-017 WHEREAS, the City of Dublin initiated a Conditional Use Permit to make minor amendments to the adopted Development Plans for Dublin Ranch Phase I (PA 95-030), Dublin Ranch Area A (PA 96- 038), and Dublin Ranch Area F North (PA 01-037) to permit one accessory structure up to 120 square feet to be exempt from lot coverage requirements; and WHEREAS, Dublin Ranch Phase I is further identified by the following Tract Numbers: 6962, 6963, 6964, 6956, 6957, 6958, 6959, 6960, and 6961, Dublin Ranch Area A is further identified by the following Tract Numbers: 7136, 7137, 7138, 7139, 7140, 7141, and 7142, and Dublin Ranch Area F North is further identified by the following Tract Numbers: 7281, 7282, 7283; and WHEREAS, City Council 12-96 approved the Provisions for a Planned Development District Rezone for Dublin Ranch Phase I, City Council Resolution 139-97 approved the Provisions for a Planned Development District Rezone for Dublin Ranch Area A, and City Council Resolution 43-04 approved the Residential Site Development Standards for Dublin Ranch Area F North; and WHEREAS, the adopted Provisions for Dublin Ranch Phase I, Area A, and Area F North established minimum setbacks, minimum lot sizes, height limits and other design standards for development in these areas. When a standard was not explicitly stated within the provisions of the Planned Development text, the Planned Development Zoning District referred back to the Citywide Zoning Ordinance for the rules and regulations; and WHEREAS, the adopted Planned Development Zoning District Ordinances for Dublin Ranch Phase I (as amended), Area A (as amended), and Area F North state what the maximum lot coverage requirements are in the respective areas; and WHEREAS, Section 8.36.100 of the Dublin Zoning Ordinance defines lot coverage as the maximum lot area that may be covered with buildings and structures; and WHEREAS, many of the homes in Dublin Ranch are already built at the maximum lot coverage allowed by the Plmmed Development Zoning Districts (as amended). Since the maximum lot coverage has already been reached, homeowners are unable to construct any additional square footage on their property, including any accessory structures; and WHEREAS, Section 8.36.080 of the Dublin Zoning Ordinance allows the Planning Commission by means of a Conditional Use Permit to make minor amendments to an adopted Planned Development, Development Plan by means of a Conditional Use Permit upon a finding that the amendment substantially complies with, and does not materially change the provisions or intent of the adopted Planned Development Zoning District Ordinance for the site; and WHEREAS, the following text will be added to sections C.2 and C.3 of the General Provisions of City Council Resolution 12-96 (Dublin Ranch Phase I) and section C.4 of the General Provisions of City Council Resolution 139-97 (Dublin Ranch Area A): ""Lot coverage. Maximum lot coverage regulations are intended to establish the maximum lot area that may be covered with buildings and structures. Buildings and structures include all land covered by principal buildings, garages and carports, accessory structures (with the exception of one 120 square foot accessory structure, which shall be exempt from the lot coverage regulations as long as it meets all other requirements of the Dublin Municipal Code), covered decks and gazebos, and other enclosed and covered areas; but not standard roof overhangs, cornices, eave& uncovered decks, swimming pools, paved areas such as walkways, driveways, patios, uncovered parking areas or roads. "; and WHEREAS, the Residential Site Development Standards Chart for Dublin Ranch Area F North (contained in City Council Resolution 43-04) is proposed to be amended in two places: Footnote 10 and Footnote E as follows: 1. Footnote 10 will be revised to state: "Maximum lot coverage regulations are intended to establish the maximum lot area that may be covered with buildings and structures. Buildings and structures include all land covered by principal buildings, garages and carports, permitted accessory structure (with the exception of one 120 square _foot accessory structure, which shall be exempt ~from the lot coverage regulations as long as it meets all other requirements of the Dublin Municipal Code), covered decks' and gazebos, and other enclosed and covered areas; but not standard roof overhangs, cornices, eaves, uncovered decks, swimming pools, paved areas such as walkways, driveways, patios, uncovered parking areas or roads." 2. Footnote E will be revised to state: "Setbacks for accessory structures shall be in accordance with the~'-,,~,,,6~"';~'~;~ zoning code in effect at the time of construction~installation. Noise generating uses such as pool and spa equipment shall be acoustically screened or located outside the setback area. , and WHEREAS, this project is part of 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), 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 May 11, 2004, for this project; 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 to make minor modification to the adopted Development Plans for Dublin Ranch Phase I, Area A, and Area F North; and 2 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 Planning Commission of the City of Dublin does hereby make the following findings and determinations regarding the proposed Conditional Use Permit: mo Bo C° E° Fo G° Ho The proposed amendment substantially complies with and does not materially change the provisions and intent of the adopted Planned Development Zoning District Ordinances and/or the Site Development Review approvals for the three areas and is compatible with other land uses, transportation and service facilities in the vicinity. The proposed amendment will not allow additional development potential in terms of new or larger housing units, only a 120 square foot accessory structure in the rear yard that is subject to all other requirements of the Dublin Municipal Code. The proposed amendment will not adversely affect the health or safety of persons residing or working in the vicinity, and will not be detrimental to the public health, safety and welfare because is will not allow additional development potential in terms of new or larger housing units. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the amendment would not be detrimental to the public health, safety, and welfare. The area is currently developed and no additional development potential in terms of new or larger housing units will result from the proposed amendment. The subject sites are physically suitable for the type, density and intensity of the use and related structures being proposed because setback requirements and height restrictions will still apply to any accessory structures proposed for a lot. If those restrictions cannot be met, the structure cannot be legally built, regardless of the lot coverage exemption. The proposed amendment will not be injurious to property or improvements in the neighborhood because any accessory structures will still need to meet all other requirements of the Dublin Municipal Code including minimum setbacks and maximum height requirements. The proposed amendment will not be contrary to the specific intent clauses, development regulations, or performance standards established for the zoning districts in that the amendment does not propose anything contrary to the existing regulations, but it further clarifies said regulations. The proposed amendment is consistent with the Dublin General Plan, Eastern Dublin Specific Plan, and the purpose and intent of the Dublin Zoning Ordinance. BE IT FURTHER RESOLVED THAT THE Planning Commission of the City of Dublin does hereby approve the Conditional Use Permit for PA 04-017 to amend the Development Plans for Dublin Ranch Phase I (PA 95-030), Dublin Ranch Area A (PA 96-038), and Dublin Ranch Area F North (PA 01- 037) to permit one accessory structure up to 120 square feet to be exempt from lot coverage requirements. PASSED, APPROVED AND ADOPTED this 11 tn day of May, 2004. Cm. Fasulkcy, King, and Machtmes AYES: NOES: ABSENT: ATTEST: Plan"~a~'age'~r~ Cm. Nassar, and Jennings · SJP'lanning ~,.o rh'~'~$ h C'r[i~i~rsoh G:\PA#L2004\04-017 Accessory Structure Excemptions - Dublin RanchkPC Reso.doc 4