HomeMy WebLinkAboutOrd 06-05 StarwardDriveRezone
ORDINANCE NO. 6 - 05
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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AMENDING THE ZONING MAP TO REWNE PROPERTY TO A PLANNED
DEVELOPMENT (PD) DISTRICT AND APPROVING A RELATED STAGE t & 2
DEVEWPMENTPLAN FOR APPROXIMATELY .77 ACRES LOCATED AT
7475 STARWARD DRIVE, PA 04-006
WHEREAS, the Enea Properties Company LLC, the site property owner, has requested
approval of a General Plan Amendment to change the land use designation iTom Retail/Office to
Medium Density Residential (6.1 - 14.0 units per acre), a Planned Development District Rezoning and
Stage 1 and Stage 2 Development Plan, Site Development Review, and Vesting Tentative Tract Map
7597 to subdivide a .77- acre parcel (APN 941-0173-002-02) for ten (10) single-family dwellings and
related improvements on land generally located north and east ofStarward Drive, and north of the
Shamrock Shopping Center; and
WHEREAS, a completed application for each of the requested actions is available and on file in
the Dublin Community Development Department; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the City prepared an
initial study consistent with CEQA GuideHnes Section 15162 for the Project, including the Planned
Development District Rewning and Stage 1 and 2 Development Plan request, to assess any potential
significant environmental impacts which may result ITom the project. Various studies addressing
potential traffic and air quality, noise, hazardous materials and waste, and geotechnical impacts were
prepared for the project, and mitigation measures were recommended to reduce the identified potential
impacts to less-than-significant levels. Based on this, a Mitigated Negative Declaration and
accompanying Mitigation Monitoring Plan were prepared, and subsequent incorporation of all mitigation
measures recommended by the various studies and the City's standards for construction in the Project
design, and further evaluation, has determined that the Project, as designed and proposed, would not result
in any significant adverse impacts. All potential environmental impacts have been reduced to a less-than-
significant level. The Mitigated Negative Declaration and Mitigation Monitoring Program are proposed
for adoption with this Project and are include in the attachments to the Staff report; and
WHEREAS, the Planning Commission did hold a public hearing on said application on January
25,2005;and
WHEREAS, proper notice of said hearing was given in all respects as required by law; and
WHEREAS, comments were taken at the Planning Commission hearing related to neighborhood
residents' concerns that potential privacy and noise impacts could result ITom the residence on Lot t of
the proposed development, as well as potentiallightlglare impacts ITom vehicles using the private street;
WHEREAS, Enea Properties has designed the home on Lot 1 to address impacts to privacy, light
and glare, and noise as the second-floor windows on the north elevation of the home proposed for Lot 1
do not face the existing home to the north of the Project site; the windowless garage of the proposed home
on Lot 1 is located directly across the drainage channel and easement (approximately 20 feet in width)
iTom the backyard of Mr. Atwood's residence; an additional five-foot side yard setback along the north
property line has been included in the Project for a combined distance of25 feet ITom the proposed house
on Lot 1 to the property line of the property to the north; and, the location of a sixcfoot wooden fence
along the north and east property lines of the Project site adjacent to proposed Lot 1 will block the noise
and light ITom vehicles accessing the garages of the residences and northbound on the private street, as
well as provide additional screening to existing residences on Oxbow Lane in the residential area to the
north; and
WHEREAS, the Planning Commission did adopt Resolution 05-09 recommending that the City
Council adopt an Ordinance to establish a Planned Development (PD) Rewning and Stage I and 2
Development Plan for the Enea Starward Row Residential Project, P A 04-006;
WHEREAS, the City Council did hold public hearings on said application on February 15, 2005;
and
WHEREAS, proper notices of said hearings were given in all respects as required by law; and
WHEREAS, a Staff Report was submitted to the Dublin City Council, dated February 15, 2005,
recommending adoption of an Ordinance to approve the Planned Development District Rezoning for the
Enea Properties Starward Row Residential Project P A 04-006; and
WHEREAS, the City Council did hear and use its independent judgment and considered all said
reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the Dublin City Council does
hereby make the following findings and determinations regarding said proposed Planned Development
Rezoning and Stage 1 and Stage 2 Development Plan;
1. The Planned Development District Rezoning is consistent with the general provisions,
intent and purpose of the Planned Development Zoning District of the Zoning Ordinance,
Chapter 8.32. The Planned Development Rezoning will be appropriate for the subject
property in terms of setting forth the purpose, applicable provisions of the Dublin Zoning
Ordinance, range of permitted and conditionally permitted uses and Development
Standards, which will be compatible with existing commercial, industrial and residential
uses in the immediate vicinity, and will enhance development of the general area; and
2. The Planned Development District Rezoning is consistent with the general provisions,
intent, and purpose of the Planned Development Zoning District of the Zoning Ordinance,
in that it contains all information required by Section 8.32 of the Zoning Ordinance and
accomplishes the objectives of Section 8.32.010, A through H, of the Zoning Ordinance;
and
3. The Planned Development District Rezoning will not have a substantial adverse effect on
health or safety or be substantially detrimental to the public welfare or be injurious to
property or public improvement, as all applicable regulations will be met and, as
conditioned, mitigations described in the Initial Study and Mitigated Negative Declaration
will be incorporated into the project that will reduce potentially significant impacts to a
level ofless-than-significant; and
4. The Planned Development District Rewning will not have a substantial adverse effect on
health or safety or be substantially detrimental to the public welfare or be injurious to
property or public improvement, as all applicable regulations will be met and, as
conditioned, mitigations described in the Initial Study and Mitigated Negative Declaration
have been incorporated into the project, in conjunction with the Conditions of Approval for
Vesting Tentative Tract Map 7597 and the associated Site Development Review for the
Project, that will reduce potentially significant impacts to a level of less- than-significant;
and
5. The Planned Development District Rezoning will not overburden public services or
facilities as all agencies have commented that public services are available and sufficient to
meet the needs of the development, and as the Applicant/Developer shall be required to
pay fees required by service providers and other fees, including but not limited to, the
Public Facilities fee, to share the cost of providing City services to new development; and
6 The Planned Development District Rezoning will be consistent with the policies of the
Dublin General Plan land use designation of Medium Density Residential because the
project will allow development at 14 dwelling units per acre within the density range
allowed by this General Plan land use designation, 6.1 ~ 14.0 dwelling units per acre, and
the maximum development under the density range has been evaluated for potential
environmental impacts as stated in Finding 3, above; and
7. The Planned Development District Rezoning will create an attractive, efficient and safe
environment though development standards contained in the Stage 1 and 2 Development
Plan and Project Plans in Exhibit A. relative to setbacks, building height, minimum lot
size, maximum lot coverage; and fences; and
8. The Planned Development District Rewning will benefit the public necessity, convenience
and general welfare as it will develop a compatible residential subdivision in an established
residential community, near commercial services, shopping centers, City services such as
the Senior Center, and public transportation such as WHEELS bus service; and
9. The Planned Development District Rezoning and the accompanying Site Development
Review will be compatible with and enhance the general development of the area as it will
be developed pursuant to a comprehensive Stage 1 and 2 Development Plan, containing
standards for setbacks, building height, minimum lot size, maximum lot coverage, and
fences; and
10. The Planned Development District Rewning will provide an environment that encourages
the efficient use of common areas, as well as resources because the design of the shared
private street access to the garages of the homes will reduce the amount of driveway
paving on the site, increasing the land available for outdoor living areas.
NOW, THEREFORE, the City Council ofthe City of Dublin does ordain as follows:
SECTION 1
Pursuant to Section 8.32, Title 8 of the City of Dublin Municipal Code, the City of Dublin Zoning Map is
amended to rewning the following property ("Property") to a Planned Development Zoning District (P A
04-006): Approximately .77 acres at 7475 Starward Drive (APN 941-0173-002-02) located on the eastern
edge of Starward Drive, and generally located in the Central Dublin area, north of Amador Valley
Boulevard.
A map ofthe Property is shown below:
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SECTION 2.
The regulations of the use, development, improvement, and maintenance of the Property are set forth in
the Planned Development Rezoning and Stage I and Stage 2 Development Plan for the Project Area
(Exhibit A) which is hereby approved. Any amendment to the Stage 2 Development Plan shall be in
accordance with Section 8.32.080 of the Dublin Municipal Code or its successors.
SECTION 3.
Except as provided in the Stage 1 and 2 Development Plan, the use, development, improvement, and
maintenance of the Property shall be governed by the provisions of the Dublin Zoning Ordinance.
SECTION 4.
This Ordinance shall take effect and be enforced thirty (30) days following its adoption. The City of
Dublin City Clerk shall cause this Ordinance to be posted in at least three (3) public places in the City of
Dublin in accordance with Section 36933 ofthe Government Code of the State of California.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Dublin this J st day
of March 2005, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers Hildenbrand, McCormick, Oravetz and Zika, and Mayor Lockhart
None
None
None
ATTEST4 ~
It )"... . --
Deputy City Clerk
G,\CC.MTGS\200~-qt,.¡ \Mar\03-<J1-0~\ord 06'()~ $<ward <ow pd.doo (6.1)
PLANNED DEVELOPMENT REZONING AND
STAGE 1 AND STAGE 2 DEVELOPMENT PLAN FOR
ENEA PROPERTIES STARWARD ROW RESIDENTIAL PROJECT
P A 04-006
This is a Development Plan for P A 04-006 pursuant to Chapter 8.32 of the Dublin Zoning
Ordinance for the property located at 7475 Starward Drive (APN 941-0173-002-02) located on the
eastern edge of Starward Drive and generally located in the Central Dublin area, north of Amador
Valley Boulevard. This Development Plan meets all of the requirements for Stage 1 and Stage 2
review of the project.
This Development Plan is also represented by the accompanying General Plan Amendment, the Stage 1
and 2 Site Plan, Vesting Tentative Tract Map (Tract 7597), Preliminary Landscape Plan, Preliminary
Grading and Utility Plan, and Floor Plans and Elevations, consisting of sheets dated January 10, 2005,
labeled as Exhibit A to the Ordinance approving this Development Plan (City Council Ordinance
No. 6- 05), and on file in the Planning Division of the Community Development Department. The
Planned Development Zoning District allows the flexibility needed to encourage innovative development
while ensuring that the goals, policies, and action programs of the General Plan and provisions of Chapter
8.32 ofthe Zoning Ordinance are satisfied.
The Development Plan consists of:
1. A Stage 1 and 2 Development Plan for 1 parcel, known as the Enea Properties Starward Row
Residential Project, consisting of approximately .77 acres.
The Stage 1 and 2 Development Plan meets the requirements of Section 8.32.040.B of the Zoning
Ordinance and consists of the following:
1. Stagc 1 and 2 Site Plan
2. Statcmcnt of Proposed Uses
3. Site Area and Proposed Densities
4. Development Regulations
5. Dublin Zoning Ordinance - Applicable Req uirements
6. Lot Coverage
7. Architectural Standards
8. Conceptual Landscaping Plan
9. lnclusionary Housing Provisions
STAGE 1 AND 2 DEVELOPMENT PLAN
1. Zoning. This PD Planned Development Zoning District is to provide for and regulate the
development ofthe Enea Properties Starward Row Residential Project as shown on the attached
Project Plans. The General Plan land use designation is Medi\!m Density Residential, consistent
with the Dublin General Plan, as amended, for one .77-acre parcel at 7475 Starward Drive (APN
941-0173-002-02).
2. Statement of ProposedlPermitted Uses: The following uses are pennitted for this site:
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A. PD Medium Dcnsity Residential
Intent:
The Medium Density land use designations are established to: a) provide for and
protcct a community of detached, single-family homes and rcsidential uses typical of
a quiet, family-living cnvironment; b) provide appropriately located space for
outdoor living, such as fenced play areas; c) provide opportunities for a greater
pedestrian-oricntcd, landscaped streetscape along Starward Drive; d) provide
adequate spacc to meet the parking needs ofresidents and guests; and e) provide an
attractive and appropriate transition between the residential neighborhoods to thc
north, east, and west and the commercial shopping center to the south.
Intensitv of Use: 6.1 - 14.0 dwelling units per acre
Permitted Uses:
Per the R-l Zoning District.
Conditional Uses:
Per the R-l Zoning District.
Accessory Uses:
All Accessory Uses shall be in accordance with Section 8.40 of the Dublin Zoning
Ordinance
Prohibited Uses:
Per the R-l Zoning District
3. Stage 1 and 2 Site Plan. The Stage 1 and 2 Site Plan consists of Sheet SP-l of the Project Plans
as attached, dated January 10, 2005.
4. Site Area and Proposed Densities. The Project site consists of one parcel totaling. 77 acres to be
developed with ten (to) detached residences on individual lots following subdivision, with one
individual lot for a private street, for an average density of 14 dwelling units per acre.
5. Development Regulations. Residential development regulations have been established to ensure
that the proposed buildings and site plan achieve the desired design charactcr and development
quality. The regulations sct forth the minimum requirements necessary for planning of the
property. Refer to City of Dublin Zoning Ordinance for any regulations not specified below.
A. Setbacks
Front Yard:
From public right-of-way (Starward Drive): 10 feet averagc with a range of9 feet
to 12 feet on curved corner lots, superceding previous setbacks. Porches may
project up to a maximum of 5 feet to the front property line. Steps of porches or
porticos may encroach I to 2 feet into the 5-foot setback.
Side Yard:
From private roadway: 5 feet
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To property line: 3 feet to 5 feet to parcel boundary as shown on Project Plans
Between units: 6 feet
From garages to side property line: I '8" and 2'8"
Bctwccn garages: 4'4" and 5'8"
Rear yards:
As shown on Site Plan. Average distance of 37 feet from dwelling to rear property
line. Average distance between garage and unit: 18 feet with 11.5 feet minimum
as shown on Project Plans. Distance ITOm garage to rear property line: a minimum
of 3 fect. Rear yard setback shall be reduced for Lot 10 to fivc (5) feet due to
unusual site constraints caused by the curve of Starward Drive, as shown on
Project Plans.
Architectural Projections:
Any architectural projections into setback areas, other than porches or porticos
mentioned in front yard setback regulations above, and those approved on with the
Project Plans, must be approved prior to construction through the Site Development
Review process.
B. Height of Building
No building or structure shall have a height in excess of29 feet.
No building shall exceed two-stories in height.
Living space over garage shall not exceed 23.5 feet in height.
C. Lot size and dimensions:
Minimum lot size shall be 2,143 square feet.
Minimum lot width shall be 26 feet
Minimum lot depth shall be approximately 80 feet.
D. Accessory Structures: All accessory structures shall be regulated in accordance with
Chapter 8.40, Accessory Structures and Uses Regulations, of the Zoning Ordinance.
E. Parking: Parking shall be provided pursuant to Zoning Ordinance Chapter 8.76, Off-Street
Parking and Loading, for single~family residential development.
F. Reciprocal Easements and Privacy: The development of this property is predicated on
the reciprocal use of side and rear yards through the granting of exclusive use easements.
The purpose of this casement is to utilize the passive side of the home to increase the
active exterior open space of the home on the adjacent lot thereby creating increased
personal private yard areas. Penetrations to the passive side of the home (windows, etc.)
shall be limited, opaque material, above normal cye level and away ITom direct linc of site
to insure maximum privacy. These requirements shall be governed by Covenants,
Conditions and Restrictions (CC & R's) to assure compliance and enforceability.
6. Phasing Plan. The Project Site will bc constructed in one phase.
7. Dublin Zoning Ordinance - Applicable Requirements. Except as specificaJly modified by the
provisions of this Planned Development District Rezoning/Development Plan, the use,
development, improvement, and maintenancc of property within this PD Zoning District shaJl be
subject to the provisions of the R-I, Single-Family Residential Zoning District of the City of
Dublin Zoning Ordinance with regard to pcrmitted/conditional uses, land usc restrictions,
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minimum/maximum development criteria, and shall be subject to all other general Zoning
Ordinance provisions and standards.
8. Maximum Lot Coverage; Maximum lot coverage for Lots 1-7 and Lot 10 shall not exceed 54%.
Maximum lot coveragc for Lot 8 shall not exceed 54.4% and maximum lot coverage for Lot 9
shall not exceed 56.2%.
9. Architectural Standards. Refer to Project Plans, Sheets A-I to A-4, attached. Any
modifications to the projcct design shall be substantially consistent with these plans and of equal
or superior materials and design quality. and in conformance with the Site Development Review
for the Proiect.
10. Landscaping Plan. Refer to Project Plans, Sheet L-l, Conceptual Landscape Plan. All project
monumentation and entry signs shall conform to Sheet L-l. A Final Landscaping Plan will be
required to be submitted and approved prior to building permit issuance.
11. Incluslonary Zoning Ordinance. This project is exempt from the Inclusionary Zoning Ordinancc
provisions as the size of the project is fewer than 20 units. No Below Market Rate (BMR) units
are required to be identified on the site plan and made a component of the project unless revisions
to unit count increase the numbcr of dwellings to 20 units or greater, pursuant to the Inclusionary
Zoning Chapter ofthe Zoning Ordinance (Chapter 8.68).
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