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Home My WebLink About6.1 Hansen Hill GP Amendment J ' CITY OF DUBLIN CITY COUNCIL MEETING DATE: May 14, 1990 SUBJECT: PA 89-115 Hansen Hill/Bren Co. 10 lot General Plan Amendment, Tentative Map and Planned Development Rezoning PREPARED BY: Maureen O'Halloran, Senior Planner EXHIBITS ATTACHED: Exhibit A: Draft Resolution of Denial General Plan Amendment Exhibit B: Draft Resolution of Denial Rezoning Exhibit C: Draft Resolution of Denial Tentative Map BACKGROUND ATTACHMENTS: Attachment 1: General Plan Policies regarding Hansen Hill Ranch Attachment 2: Plans, General Plan Amendment, Tentative Map, Tree Survey Attachment 3: Applicant's Written Statement Attachment 4: Planning Commission Resolutions of denial for GPA, Rezoning and Tentative Map Attachment 5: Minutes 4/16/90 Planning Commission meeting RECOMMENDATION: 1) Open Public Hearing and Hear Staff Presentation 2) Take testimony from Applicant and the Public 3) Question Staff, Applicant and the Public 4) Close Public Hearing and deliberate 5) Staff recommends the City Council adopt the resolutions a) denying the General Plan Amendment (Exhibit A) ; b) denying the Rezoning (Exhibit B) ; and c) denying the O Tentative Map (Exhibit C) ; or give Staff and Applicant direction and continue the matter. FINANCIAL STATEMENT: None. ------------------------------------------------------------------------- COPIES TO: Applicant/Owner File PA 89-115 ITEM N0. ♦ Agenda File May 14, 1990 City Council Meetine Staff Report Summary Sheet rA 89-115 Hansen Hill Ranch/Bren .,.,. General Plan Amendment, Planned Development Rezoning & Tentative Map NOTE TO PUBLIC: AT THIS PUBLIC HEARING, MEMBERS OF THE PUBLIC WILL HAVE AN OPPORTUNITY TO FULLY COMMENT ON EACH NUMBERED ISSUE LISTED BELOW. TO MAINTAIN THE FOCUS ON EACH ISSUE, PERSONS DESIRING TO COMMENT SHOULD LIMIT THEIR COMMENTS TO THE ISSUES ON THE FLOOR. IF YOUR COMMENTS ARE SIMILAR TO THOSE MADE BY OTHER SPEAKERS, PLEASE MAKE YOUR STATEMENT, BUT TRY TO AVOID NEEDLESS REPETITION. PRIOR TO SPEAKING, PLEASE STATE YOUR NAME AND ADDRESS AND GENERAL SUBJECT OF YOUR COMMENTS. THANK YOU. THE FOLLOWING FORMAT WILL BE FOLLOWED FOR EACH NUMBERED ISSUE: 1. Staff presentation 2. Applicant presentation 3. Public comments 4. Staff/Applicant response 5. City Council discussion/direction * * * * * * * * * * * * * * * * * * * MEETING FORMAT The Mayor opens Public Hearing and leads discussion regarding: Issue #1. GENERAL PLAN AMENDMENT - Does the proposed General Plan Amendment represent an appropriate land use designation for the site? Is it appropriate to redesignate the existing open space designation to a low density residential land use designation. The Applicant is requesting a General Plan Amendment to change the land use designation on 3.33 acres from open space/stream corridor to low density single family residential (0.5 to 3.8 DU/AC) which would allow a range of 1 to 12 dwelling units. The Applicant is requesting approval of 10 lots. The City' s existing General Plan policies: 1) prohibit development within open space areas (except to enhance public safety and environmental setting) ; 2) require revegetation of cut and fill areas with native trees, shrubs and grasses; and 3) allows access roads, arterial and collector streets to pass through open space areas. The previous EIR for the site indicated that development within this area would have a significant adverse environmental impact. a. Required Action: Adopt Resolution relating to General Plan Amendment; or give direction and continue. b. Staff Recommendation: Adopt Resolution denying General Plan Amendment. C. Planning Commission Recommendation: Adopt Resolution denying General Plan Amendment. Issue #2. REZONING - Is the proposed single family custom home Planned Development rezoning appropriate for the site? The Applicant is requesting approval of a rezoning to change the current prezoning from PD open space to PD custom home with zoning restrictions similar to those placed on the other residential portion of the site. Residential zoning is not appropriate for the site if the site is designated on the General Plan as open space. If the Council determines that low density single family residential land use designation is appropriate for the General Plan then single family residential zoning would also be appropriate. a. Required Action: Adopt Resolution relating to rezoning; or give direction and continue. b. Staff Recommendation: Adopt Resolution denying rezoning. C. Planning Commission Recommendation: Adopt Resolution denying rezoning. Issue #3. TENTATIVE MAP - Is the proposed 10 lot single family subdivision appropriate for the 3.33 acre site? The Applicant is proposing 10 custom home lots. Residential subdivision of this area is not appropriate for a site with open space General Plan designation and zoning. a. Required Action: Adopt Resolution relating to Tentative Map; or give direction and continue. b. Staff Recommendation: Adopt Resolution denying Tentative Map. C. Planning Commission Recommendation: Adopt Resolution denying Tentative Map. 7 DESCRIPTION: General Information: PROJECT: The Bren Co. is requesting a General Plan Amendment, Tentative Map and Planned Development (PD) Rezoning to redesignate and rezone 3.33+ acre of Open Space/Stream Corridor to Low Density Single Family Residential (0.5 to 3.8 DU/AC) to allow 10 single family custom lots. BACKGROUND: On February 27, 1989 , the City Council adopted a General Plan Amendment for the Hansen Hill Ranch site including new general plan policies relating to open space (see Attachment 1) and land use designations for: 57.2 acres low density single family residential (0.5 to 3.8 DU/Ac) . 89.8 acres open space/stream corridor. This designation does not allow residential development. Specific General Plan policies: 'l) prohibit development within open space areas except development designed to enhance public safety and the environmental setting; 2) allows roads to pass through open space areas provided the roads are designed to minimize grading to the maximum extent possible so as not to damage the ecological or aesthetic value of the open space area and 3) requires revegetation of cut and fill areas with native trees, shrubs and grasses. The Applicant, The Bren Co. , subsequently requested a General Plan Amendment study to allow custom homes within an area previously designated as Open Space. On September 11, 1989, the City Council authorized the study. In November and December, 1989, the City Council- approved a Tentative Map and Prezoned the entire Hansen Hill site (147+) as a Low Density Single Family Residential and Open Space Planned Development District. The applicant's current proposal encompasses a portion of the Hansen Hill site which is currently designated in the General Plan as Open Space/Stream Corridor and which is Prezoned as Planned Development Open Space. The Bren Company' s current application, PA 89-115, involves processing three (3) planning applications concurrently: 1) General Plan Amendment to redesignate 3.33+ acres from Open Space to Low Density Single Family Residential (0.5 to 3.8 DU/Ac) ; 2) Planned Development Rezoning from Open Space to custom home Single Family Residential; and 3) Tentative Map to subdivide the 3.33+ site to allow 10 single family residential lots. At the April 16, 1990, Planning Commission Public Hearing the Commission adopted resolutions recommending the City Council deny PA 89-115: 1) the General Plan Amendment; 2) the PD Rezoning for the Hansen Hill Site and 3) Tentative Map (see Attachment 6 & 7 - Resolutions and Planning Commission Minutes) . -2- 1� 1 For purposes of City Council review and discussion of PA 89-115, Staff recommends the City Council consider each application aspect individually: (1) General Plan Amendment; 2) PD Rezoning and 3) Tentative Map) , taking action or providing direction on one aspect before proceeding to the next application aspect. ANALYSIS: General Plan Amendment: The proposed General Plan Amendment study area is currently designated Open Space and does not allow residential development (see Policy 7.OF, Attachment 1) . The General Plan does allow a roadway with minimum grading to traverse the open space area. The intent of the General Plan policy is to permit a roadway to pass through the Open Space area while limiting the damage caused to the ecological and or aesthetic value and characteristics of the open space (see Policy 7.OE, Attachment 1) . The General Plan also requires revegetation of graded slopes with native plant material (see Policy 7.0 C & D, Attachment 1) . The approved roadway passes through an oak woodland/riparian habitat area. The Hansen Hill Ranch EIR (certified by the City Council in February, 1989) , identified development within this area as a significant adverse environmental impact which could not be mitigated. The City Council adopted a statement of Overriding Considerations identifying that the benefit provided by the roadway and the need for the roadway (for public safety reasons) outweighed the adverse impacts to the oak woodlands/riparian habitat area. The Statement of Overriding Considerations anticipated reducing the adverse impacts of the roadway by minimizing grading and by revegetating the graded area with native plants. The subdivision and construction of single-family homes within the open space area is not a reasonable response or solution to the public safety concerns suggested by the Applicant at the Planning Commission Public Hearing. Public safety concerns for restricting or controlling access to this portion of the open space area may be achieved through placement of fencing, designed to address public safety, environmental and aesthetic concerns. Review and approval of fencing plans occurs during the Site Development Review stage of the planning process. The Applicant' s proposal to redesignate and rezone the open space area to allow residential development is not expected to significantly increase the grading over what is minimally necessary for the roadway. Allowing residential development within this graded area damages the ecological and aesthetic value and characteristic of the oak woodland area in that this graded area is required to be revegetated with native shrubs, trees and grasses. Over time the revegetated areas will mature to replace that portion of the oak woodland/riparian habitat area destroyed by the roadway grading with vegetation similar to and compatable with the surrounding native vegetation, thereby, maintaining the ecological/aesthetic value and character of the open space area. The revegetation plan for this area is subject to review and approval during the Site Development Review stage of the planning process. -3- 1 California State law requires adoption of a General Plan that is a comprehensive long term plan for the physical development of the City. With regard to the Hansen Hill site, the City's existing General Plan as amended in February, 1989 is a comprehensive long term plan in which, prior to approval of the amendment, residential development was considered within the proposed 3.33+ acre area and was prohibited. The existing General Plan considers the long-term effects of allowing roadway development through the open space area by requiring the graded area to be revegetated with native plants in an effort to minimize the disturbance of this environmentally sensitive area. Approval of this General Plan Amendment may undermine the General Plan policies to prohibit development in open space areas and to protect environmentally sensitive areas. Staff and the Planning Commission recommend the City Council deny the proposed General Plan Amendment to redesignate the 3.33+ acre site from Open Space to Low Density Single Family Residential. Rezoning: The Applicant is requesting a rezoning of 3.33+ acres currently prezoned PD Open Space to allow custom home, single family residential uses. The Applicant proposes development standards and restrictions similar to those imposed on the custom homes within the Hansen Hill Ranch Planned Development District (PA 89-062) approved by the City Council in December, 1989. State law requires consistency between the City' s General Plan and zoning. Denial of the General Plan Amendment requires denial of the Rezoning in order to maintain General Plan consistency. Staff and the Planning Commission recommend the City Council deny the Rezoning request. Tentative Map: The Applicant proposes subdivision of 3.33+ acres to create 10 single family residential lots. The anticipated grading for the majority of the lots within the 10 lot subdivision area does not significantly increase the grading needed for the roadway. The proposed lot frontages within the 10 lot subdivision range from 68 feet to 136 feet wide. Seven of the lot frontages range from 68 feet to 71 feet wide. The proposed lot square footage ranges from 6,800 square feet to 15,330 square feet. As with the rezoning, denial of the General Plan Amendment requires denial of the Tentative Map in that residential subdivision is not consistent with the Open Space General Plan designation or Open Space zoning. Staff and the Planning Commission recommend the City Council deny the Tentative Map request. -4- Environmental Review: In compliance with CEQA and the Dublin Environmental Guidelines, the initial study prepared for the project determined that the previous EIR prepared for the Hansen Hill Ranch site (State Clearinghouse #87050527) certified by the City Council on February 27, 1989 with the revised addendum, adequately describes 1) the general environmental setting of the project; 2) the significant environmental impacts of the projects; and 3) the alternatives and mitigation measures related to each significant effect. As required by CEQA, a 45 day public noticed review period was provided for this project between January 31, 1990 and March 19, 1990. During this period no public or other agency comments were received concerning the use of the previous EIR. City Council denial of the General Plan Amendment, PD Rezoning and Tentative Map does not require action on the environmental review. Conclusion: A City Council denial of the General Plan Amendment results in a denial of the Rezoning and Tentative Map and no action on the environmental review aspect of the project. Draft resolutions of denial are included as exhibits to the Staff Report. If the City Council wishes to approve the General Plan Amendment, Rezoning, and Tentative Map, Staff recommends the City Council continue the item to the next meeting and provide Staff direction concerning the following items: 1. General Plan Amendment - Land Use Designation Density Applicant proposes Low Density Single Family (0.5 to 3.8 Du/Ac) . Similar to the designation approved for other residential portions of the site. 2. Planned Development Rezoning - The Applicant proposes the same General provision for the ten lot custom homes as those provisions adopted for the custom homes in the current PD Zoning (PA 89-062) . A. Development Standards - to minimize impacts to the area, the City Council should provide direction concerning: 1) Establishment of minimum lot frontage: lot frontage is measured at the street frontage. The existing PD General Provisions do not include minimum lot frontage. An increased minimum lot frontage to 80 - 100 feet would reduce the number of lots created within the 3.33+ acre area and, reduces the building mass along the streetscape, potentially increasing opportunities for revegetation. -5- 2) Increase sideyard setback: The existing PD General Provisions establish a 5 foot minimum sideyard setback with 15 feet aggregate. Increased sideyard setback of 20 feet increases the distance between dwelling units, thereby reducing streetscape building mass. Increased sideyard setbacks would be overly restrictive unless large minimum street frontages are established. 3) Requirement for landscaping with native vegetation: Limit the extent of non-native vegetation used on the residential lots. Require private landscaping within sideyard setbacks to use native vegetation. Requirement for native vegetation within larger sideyard setback area will help minimize impacts to area. 4) Establishment of fence restrictions: The existing PD General Provisions require Site Development Review for fencing, but does not address type, materials or location of fences. Establishing fencing provisions in the PD Regulations can ensure compatibility with the surrounding area. 3. Tentative Map - to minimize impacts to the area the City Council should provide direction concerning reduction in the number of lots created in the 3.33+ acre area. 4. Environmental Review - A resolution finding the previous EIR adequate and a statement of Overriding Considerations for residential development within the open space area would need to be prepared if the Council approves the General Plan Amendment, Rezoning and Tentative Map. -6- RESOLUTION NO. -90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ------------------------------------------------------------------------------ DENYING THE GENERAL PLAN AMENDMENT FOR PA 89-115 HANSEN HILL RANCH/BREN CO. 10 LOTS WHEREAS, The Bren Co. has requested a General Plan Amendment Study, Planned Development Rezoning and Tentative Map Subdivision for a 3.33+ acre portion of the Hansen Hill site to redesignate the open space/stream corridor General Plan land use designation to Low Density Single Family Residential (0.5 to 3.8 Du/Ac) to rezone the Planned Development Open Space Prezoning to allow single family custom homes and to subdivide the open space area to allow 10 single family residential lots; and WHEREAS, on September 11, 1989, the City Council authorized a General Plan Amendment Study for the 3.33+ acre portion of the Hansen Hill/Bren Co. property; and WHEREAS, the Planning Commission held a properly noticed public hearing to consider the General Plan Amendment, PD Rezoning, Tentative Map and previous EIR for PA 89-115 planning application for Hansen Hill/Bren Co. on April 16, 1990; and WHEREAS, the Staff analysis was submitted recommending denial of the General Plan Amendment to redesignate the 3.33+ acre open space area to low density single family residential (0.5 to 3.8 Du/Ac) ; and WHEREAS, on April 16, 1990, the Planning Commission adopted three resolutions recommending City Council denial of the General Plan Amendment, Rezoning and Tentative Map; and WHEREAS, on May 14, 1990, the City Council held a noticed public hearing to consider the General Plan Amendment, Planned Development Rezoning, Tentative Map and previous EIR for PA 89-115 Hansen Hill; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the General Plan Admendment has been reviewed in accordance with the provisions of the California Environmental Quality Act; and WHEREAS, the certified Hansen Hill Ranch EIR determined that development within the proposed area would have significant adverse impacts to the oak woodland/riparian habitat area which could not be mitigated to an acceptable level; and WHEREAS, said adverse impacts can be reduced with minimized roadway grading and native plant revegetation of graded areas; and RESOLUTION NO. -90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ------------------------------------------------------------------------------ DENYING THE GENERAL PLAN AMENDMENT FOR PA 89-115 HANSEN HILL RANCH/BREN CO. 10 LOTS WHEREAS, The Bren Co. has requested a General Plan Amendment Study, Planned Development Rezoning and Tentative Map Subdivision for a 3.33+ acre portion of the Hansen Hill site to redesignate the open space/stream corridor General Plan land use designation to Low Density Single Family Residential (0.5 to 3.8 Du/Ac) to rezone the Planned Development Open Space Prezoning to allow single family custom homes and to subdivide the open space area to allow 10 single family residential lots; and WHEREAS, on September 11, 1989, the City Council authorized a General Plan Amendment Study for the 3.33+ acre portion of the Hansen Hill/Bren Co. property; and WHEREAS, the Planning Commission held a properly noticed public hearing to consider the General Plan Amendment, PD Rezoning, Tentative Map and previous EIR for PA 89-115 planning application for Hansen Hill/Bren Co. on April 16, 1990; and WHEREAS, the Staff analysis was submitted recommending denial of the General Plan Amendment to redesignate the 3.33+ acre open space area to low density single family residential (0.5 to 3.8 Du/Ac) ; and WHEREAS, on April 16, 1990, the Planning Commission adopted three resolutions recommending City Council denial of the General Plan Amendment, Rezoning and Tentative Map; and WHEREAS, on May 14, 1990, the City Council held a noticed public hearing to consider the General Plan Amendment, Planned Development Rezoning, Tentative Map and previous EIR for PA 89-115 Hansen Hill; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the General Plan Admendment has been reviewed in accordance with the provisions of the California Environmental Quality Act; and WHEREAS, the certified Hansen Hill Ranch EIR determined that development within the proposed area would have significant adverse impacts to the oak woodland/riparian habitat area which could not be mitigated to an acceptable level; and WHEREAS, said adverse impacts can be reduced with minimized roadway grading and native plant revegetation of graded areas; and �r WHEREAS, Staff and the Planning Commission recommended denial of PA 89- 115 Hansen Hill/Bren Co. 10 lot General Plan Amendment; and WHEREAS, the City Council considered all reports, recommendations and written and oral testimony submitted at the Public Hearing as herein above setforth. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby find: 1. That the proposed General Plan Amendment undermines the existing General Plan policy that prohibits development in open space areas. 2. That the existing General Plan policies permit collector streets to pass through open space areas provided the street is designed to minimize grading, so as not to damage the ecological/aesthetic value and characteristics of the open space area; and 3. That existing General Plan policies require revegetation of graded slopes with native trees, shrubs, and grass; and 4. That native plant revegetation of the graded area (as a result of development of the roadway) will reduce the damage to the ecological and aesthetic value and characteristic of the open space oak woodland/riparian area; and 5. That the proposed General Plan Amendment land use designation is not consistent with the General Plan policies; in that the General Plan Amendment would designate the area for residential development rather than revegetate the area with native plants consistent with the ecological characteristics of the area. BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby deny PA 89-115, Hansen Hill/Bren Co. 10 lot General Plan Amendment. PASSED, APPROVED AND ADOPTED this 14th day of May, 1990. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk 2 - 1 RESOLUTION NO. -90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ------------------------------------------------------------------------------ DENYING THE PLANNED DEVELOPMENT REZONING FOR PA 89-115 HANSEN HILL RANCH/BREN CO. WHEREAS, The Bren Co. has requested a General Plan Amendment Study, Planned Development Rezoning and Tentative Map Subdivision for 3.33+ acre portion of the Hansen Hill site to redesignate the open space/stream corridor General Plan land use designation to Low Density Single Family Residential (0.5 to 3.8 Du/Ac) to rezone the Planned Development Open Space Prezoning to allow single family custom homes and to subdivide the open space area to allow 10 single family residential lots; and WHEREAS, the Planning Commission held a properly noticed public hearing to consider the General Plan Amendment, PD Rezoning, Tentative Map and previous EIR for PA 89-115 planning application for Hansen Hill/Bren Co. on April 16, 1990; and WHEREAS, on April 16, 1990, the Planning Commission adopted three resolutions recommending City Council denial of the General Plan Amendment, Rezoning and Tentative Map; and WHEREAS, on May 14, 1990, the City Council held a noticed public hearing to consider the General Plan Amendment Planned Development Rezoning, Tentative Map and previous EIR for PA 89-115 Hansen Hill; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act; and WHEREAS, the Staff Report was submitted recommending City Council denial of the Planned Development rezoning; and WHEREAS, Staff and the Planning Commission recommended denial of PA 89- 115 Hansen Hill/Bren Co. Planned Development Rezoning; and WHEREAS, the City Council considered all reports, recommendations and written and oral testimony submitted at the Public Hearing as herein above setforth. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby find that: 1. The proposed Planned Development Rezoning is not consistent with the City General Plan and Policies in that the site is designated open space and does not allow residential development. -- +Dp ra f 19 It's BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby deny PA 89-115, Hansen Hill/Bren Co. Planned Development Rezoning. PASSED, APPROVED AND ADOPTED this 14th day of May, 1990. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk 2 - 1 1 RESOLUTION NO. -90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ------------------------------------------------------------------------------ DENYING THE TENTATIVE MAP FOR PA 89-115 HANSEN HILL RANCH/BREN CO. 10 LOT WHEREAS, The Bren Co. has requested a General Plan Amendment Study, Planned Development Rezoning and Tentative Map Subdivision for 3.33+ acre portion of the Hansen Hill site to redesignate the open space/stream corridor General Plan land use designation to Low Density Single Family Residential (0.5 to 3.8 Du/Ac) to rezone the Planned Development Open Space Prezoning to allow single family custom homes and to subdivide the open space area to allow 10 single family residential lots; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) ; and WHEREAS, the State of California Subdivision Map Act and the adopted City of Dublin Subdivision Regulations require that no real property may be divided into two or more parcels for purpose of sale, lease or financing unless a tentative map is acted upon, and a final map is approved consistent with the Subdivision Map Act and City of Dublin subdivision regulations; and WHEREAS, the Planning Commission held a noticed public hearing to consider the request on April 16, 1990; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, on April 16, 1990, the Planning Commission adopted a resolution recommending City Council denial of the Tentative Map request for PA 89-115 Hansen Hill/Bren Co. ; and WHEREAS, on May 14, 1990 the City Council held a noticed public hearing to consider the General Plan Amendment, Planned Development Rezoning, Tentative Map and previous EIR for PA 89-115 Hansen Hill; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Staff Report and Planning Commission resolution were submitted recommending City Council denial of the Tentative Map; and WHEREAS, the City Council heard and considered all said reports, recommendations and written and oral testimony submitted at the public hearing as hereinabove setforth. l , NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby find that: 1. The proposed Tentative Map is not consistent with the City's General Plan as applied to this property in that the site is designated open space while the proposed tentative map is for 10 single family residential lots. 2. The proposed Tentative Map is not consistent with the zoning district in which the site is located in that the site is zoned Planned Development open space while the proposed Tentative Map is for residential lots. BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby deny the Tentative Map for PA 89-115, Hansen Hill/Bren Co. PASSED, APPROVED AND ADOPTED this 14th day of May, 1990. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk -2- RESOLUTION NO. 021 - 89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ----------------------- ------------ ADOPTING GENERAL PLAN A4ENDHENTS FOR PA- 87-045 HANSEN HILL RANCH WHEREAS, The Hansen Hill Development Corporation, an affiliate development company of Venture Corporation has requested a General Plan Amendment Study, Planned Development Prezoning, Tentative Subdivision Map No. 5766 and Annexation to allow a maximum of 240 dwelling units on 147+ acres in unincorporated Alameda County west of Silvergate Drive and north of Hansen Drive; and WHEREAS, on August 11, 1986 the City Council authorized a General Plan Amendment Study for the Hansen Hill Ranch property; and WHEREAS, pursuant to the provisions of State Planning and Zoning Law, it is the function and duty of the Planning Commission of the City of Dublin to review and recommend action on proposed amendments to the City' s General Plan; and WHEREAS, the Planning Commission held four Public Noticed Study Sessions on the Hansen Hill Ranch planning applications on February 2, 1987, February 17 , 1987, August 23, 1988 and August 24, 1988, and two noticed field trips on February 27, 1988 and August 20, 1988; and WHEREAS, notice of Planning Commission Public Hearings was published in the Herald, posted in public buildings, and mailed to property owners within 300 feet of the project in accordance with California State La..; and WHEREAS, the Planning Commission held seven noticed public hearings to consider the General Plan Amendment and EIR for PA 87-045 Planning Application for Hansen Hill Ranch on February 1, 1988, February 16, 1938, July 18, 1988 , August 1, 1988, September 19 , 1988, October 3, 1988 and October 17, 1988; and WHEREAS, the Staff analysis was submitted recommending amendments to the General Plan relating to General Plan Land Use Designation and Density, the Primary Planning Area, Table I and Figure 4, policy and map relating to Hansen Drive extension, alternate roadway serving Hansen Hill Ranch,' policies -- (CC Reso GPA 2/27/891 ENT establishing an acceptable level of service (LOS) for intersections in Dublin, and policies establishing fire protection buffer zone around perimeter of residential development interfacing with open space lands; and WHEREAS, the General Plan Amendment has been reviewed in accordance with the provisions of the California Environmental Quality Act; and WHEREAS, an Environmental Impact Report (EIR) has been prepared pursuant to CEQA; and WHEREAS, on October 17, 1988, the Planning Commission, after considering all written and oral testimony submitted at the public hearings, adopted Resolution No. 88-058 recommending City Council certification of the EIR and Resolution No. 88-059 recommending adoption of General Plan Amendments; WHEREAS, the City Council held one Public Noticed Field Trip on November 27 , 1988; and WHEREAS, Notice of City Council Public Hearings was published in the Herald, posted in public buildings and mailed to property owners within 300 feet of the project in accordance with California State Law; and WHEREAS, the City Council held six Public Hearings to consider PA 87-045 Hansen Hill Ranch General Plan Amendment on November 14, 1988, November 29, 1988 , December 13, 1988, January 10, 1989, January 24, 1989 and February 27 , 1989 ; and WHEREAS, the General Plan Amendment has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) ; and WHEREAS, A Staff analysis of the Planning Commission recommendation, Staff recommendation and the Applicant's proposal was submitted to the City Council; and WHEREAS, the City Council considered all written and oral testimony submitted at the Public Hearings; and WHEREAS, on February 27, 1989 , the City Council adopted Resolution No. 019-89 making findings certifying the Hansen Hill Ranch EIR and Addendum as adequate and complete. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby approve the following General Plan Amendments for PA 87-045 Hansen Hill Ranch as discussed by the Planning Commission and as modified by the City Council which modifications are not substantial: 1. Amend Figure 1 Dublin General Plan Primary Planning Area to: a. include the entire Hansen Hill Ranch site (APN 941-110-1-9 and APN 941-110-2) within the Primary Planning Area. (CC Reso GPA 2/27/89] -2- PAGE ---- 1 b, amend the land use designations on Hansen Hill Ranch site, as noted on Attachment C-1 to include: - Open Space, Stream corridor - Low Density Single-Family Residential (0.5 - 3.8 units per acre) C. eliminate Hansen Drive extension through Valley Christian Center site. d. include alternate roadway serving Hansen Hill Ranch site from Dublin Boulevard through the Valley Christian Center and designate roadway as a collector street. 2. Amend Table 1, Development Policies for Residential Sites, page 8, and Figure 4, Sites for Housing Development, page 9, eliminating Area 5, 6 and 7 from the Table and Figure. 3 . Eliminate implementing Policy 5,1G, page 19, "Reserve Right-of-Way for Hansen Drive Extension to the Western Hills" . 4. Amend 5 .0, Land Use and Circulation Section: Circulation and Scenic Highways Element to include a policy establishing the maximum level of service acceptable for intersections within the City: "Strive to phase development and road improvements outside the Downto.-n Specific Plan Area so that the operating Level of Service (LOS) for major street intersections in Dublin shall not be worse than LOS D. " 5. Amend 8 .0 Environmental Resources Management Section: ' Seismic Safety and Safety Element 8 .2.2 Fire Hazard & Fire Protection implementing policies to include a policy requiring fire protection buffer zone around perimeter of residential development which interface with open space lands: "A fire protection buffer zone shall be provided around the perimeter of residential development situated adjacent to undeveloped open space land" . 6. Amend 7.0 Environmental Resources Management Section: Conservation Element to include policies relating to open space maintenance: A. "Require open space management and maintenance programs for open space areas established through subdivisions and Planned Development districts . Programs should include standards to ensure control of potential hazards; appropriate setbacks; and management of the open space so that it produces a positive and pleasing visual image. " B. "Require that land designated as open space through development approval be permanently restricted to open space use by recorded map or deed. " [CC Reso GPA 2/27/89) -3- PAGE OF "s C. "Require revegetation of cut and fill slopes." D. "Require use of native trees, shrubs and grasses with low maintenance costs in revegetation of cut and fill slopes. " E. "Access roads (including emergency access roads) , arterial streets and collector streets that must pass through open space areas shall be designed to minimize grading to the maximum extent possible so as not to damage the ecological and/or aesthetic value and characteristics of the open space area. " F,. "Prohibit development within designated open space areas except that designed to enhance public safety and the environmental setting. G. "Promote inclusion of hiking, bicycling and/or equestrian trails within designated open space areas. " BE IT FURTHER RESOLVED THAT THE Dublin -City Council does hereby direct the Staff to edit, format; and print the up to date Dublin General Plan with all City Council approved revisions and without any other substantive changes. BE IT FURTHER RESOLVED TFUT THE Dublin City Council does hereby direct that the Applicant is responsible for all costs the City incurs in providing an uo to date Dublin General Plan resulting from the adoption of Hansen Hill Ranch General Plan Amendments . PASSED, APPROVED AND ADOPTED this, 27th day of February, 1989. AYES: Councilmembers Hegarty, Jeffery, Snyder, Vonheeder, and Mayor Moffatt NOES: None ABSENT: None Mayor ATTEST: City Clerk [CC Reso GPA 2/27/891 -4- PAGE OF VA I,AI11) 11!;E 111:.: I (:IIA'T' I W: Low 1)cr►v1Ly 1'urnlly I:csirls: I:o 3 . 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I OCO y '� �` BOUNDARY G._PA--AREA"° 5.1 J' CRES "/ ,.•. � / %"' .4y/ .T � C'�� 82oir. S a S 1 SHEET I --- \ o C A W Co > -'W CQ �U a. LJ.1 C1� REVISED TREE LINE (WITHIN BORDER ONLY) --� —� •""'•"'� .� .e+, G.P.A. BOUNDARY ...r;;; 1 —°•'� ^ "'� _ "j � G.P.A. AREA 5.19 ACRES (p • Z . z as o "art �y �• *'� mow+~ Z l '°tea e..� "•:'L.,�� '�� +::.n LJ.1 � t cc in 2 �\ r.y Y � i N , I t - 07 \ tr8802 SHEET 3 03 .—. HANSEN HILL PROJECT DESCRIPTION As part of the proposed Hansen Hill subdivision, the Bren Company is requesting the approval of ten residential lots suitable for construction of custom homes. The lots are located primarily within the limit of grading necessary to construct the loop road required by the existing General Plan. The General Plan Amendment boundary generally follows the back of curb of the roadway or the rear property line. The exception to this is the area behind lots 189 and 190, which was included as it is part of the watershed for those lots. No additional grading or tree removal occurs other than that needed for the road. The homes will be required to be designed to conform to the graded topography. BENEFITS TO THE CITY The inclusion of custom home lots in the Hansen Hill sub- division allows the City of Dublin to provide a land use designation that gives its citizens the opportunity to build their "dream home" in the community. The vast majority of new home construction in the City is builder designed, production type. The availability of custom lots in a subdivision adds to the range and variety of housing types offered within the City. RECEIVE SEp 2 61989 pUBLIN PLANNING ir U " " RESOLUTION NO. 90 - 015 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN ------------------------------------------------------------------------------ RECOMMENDING CITY COUNCIL DENIAL OF GENERAL PLAN AMENDMENT FOR PA 89-115 HANSEN HILL RANCH/BREN CO. 10 LOTS WHEREAS, The Bren Co. has requested a General Plan Amendment Study, Planned Development Rezoning and Tentative Map Subdivision for a 3.33+ acre portion of the Hansen Hill site to redesignate the open space/stream corridor General Plan land use designation to Low Density Single Family Residential (0.5 to 3 .8 Du/Ac) to rezone the Planned Development Open Space Prezoning to allow single family custom homes and to subdivide the open space area to allow 10 single family residential lots; and WHEREAS, on September 11, 1989, the City Council authorized a General Plan Amendment Study for the 3.33+ acre portion of the Hansen Hill/Bren Co. property; and WHEREAS, pursuant to the provisions of State Planning and Zoning law, it is the function and duty of the Planning Commission of the City of Dublin to review and recommend action on proposed amendments to the City' s General Plan; and WHEREAS, the Planning Commission held a noticed public hearing to consider the General Plan Amendment, PD Rezoning, Tentative Map and previous EIR for PA 89-115 planning application for Hansen Hill/Bren Co. on April 16, 1990; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Staff analysis was submitted recommending denial of the General Plan Amendment to redesignate the 3.33+ acre open space area to low density single family residential (0.5 to 3.8 Du/Ac) ; and WHEREAS, the General Plan Amendment has been reviewed in accordance with the provisions of the California Environmental Quality Act; and WHEREAS, the certified Hansen Hill Ranch EIR determined that development within the proposed area would have significant adverse impacts to the oak woodland/riparian habitat area which could not be mitigated to an acceptable level; and WHEREAS, said adverse impacts can be reduced with minimized roadway grading and native plant revegetation of graded areas; and a-v j MM.: tNTs Val P.C. WHEREAS, the Planning Commission considered all reports, recommendations and written and oral testimony submitted at the Public Hearing as herein above setforth. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find: 1. That the proposed General Plan Amendment undermines the existing General Plan policy that prohibits development in open space areas. 2. That the existing General Plan policies permit collector streets to pass through open space areas provided the street is designed to minimize grading, so as not to damage the ecological/aethetic value and characteristcs of the open space area; and 3. That existing General Plan policies require revegetation of graded slopes with native trees, grass, and shrubs; and 4. That native plant revegetation of the graded area (as a result of development of the roadway) will reduce the damage to the ecological and aethetic value and characteristic of the open space oak woodland/riparian area; and 5. That the proposed General Plan Amendment land use designation is not consistent with the General Plan policies, in that the General Plan Amendment would designate the area for residential development rather than revegetate the area with native plants consistent with the ecological characteristics of the area; and BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby recommend City Council denial of PA 89-115, Hansen Hill/Bren Co. 10 lot General Plan Amendment. PASSED, APPROVED AND ADOPTED this 16th day of April, 1990. AYES: Commissioner Barnes, Z4r+4+a-nt Mack, and Zika NOES: -NOT,,-- awe r'ka—4f- ABSTAINED: Commissioner Okun ABSENT: None 111111v';1 Planning Commission C irperson ATTEST: l Planning Director -2- RESOLUTION NO. 90 - O1/ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN ------------------------------------------------------------------------------ RECOMMENDING CITY COUNCIL DENIAL OF THE PLANNED DEVELOPMENT REZONING FOR PA 89-115 HANSEN HILL RANCH/BREN CO. WHEREAS, The Bren Co. has requested a General Plan Amendment Study, Planned Development Rezoning and Tentative Map Subdivision for 3.33+ acre portion of the Hansen Hill site to redesignate the open space/stream corridor General Plan land use designation to Low Density Single Family Residential (0.5 to 3.8 Du/Ac) to rezone the Planned Development Open Space Prezoning to allow single family custom homes and to subdivide the open space area to allow 10 single family residential lots; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) ; and WHEREAS, the Planning Commission held a noticed public hearing to consider the request on April 16, 1990; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Staff Report was submitted recommending the Planning Commission recommend City Council denial of the Planned Development rezoning; and WHEREAS, the Planning Commission heard and considered all said reports, recommendations and written and oral testimony submitted at the public hearing as hereinabove setforth. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: 1. The proposed Planned Development rezoning is not consistent with the City General Plan and Policies in that the site is designated open space and does not allow residential development. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby recommend the City Council deny PA 89-115, Hansen Hill/Bren Co. Planned Development rezoning. PASSED, APPROVED AND ADOPTED this 16th day of April, 1990. AYES: Commissioners Barnes and Mack NOES: Commissioner Burnham ABSTAINED: Commissioner Okun and Zika ABSENT: None Planning Commission Chairperson ATTEST: nA _ �`'''CELT Planning Director TAag- t( s RESOLUTION NO. 90 - 017 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN ------------------------------------------------------------------------------ RECOMMENDING CITY COUNCIL DENIAL OF THE TENTATIVE MAP FOR PA 89-115 HANSEN HILL RANCH/BREN CO. 10 LOT WHEREAS, The Bren Co. has requested a General Plan Amendment Study, Planned Development Rezoning and Tentative Map Subdivision for 3.33+ acre portion of the Hansen Hill site to redesignate the open space/stream corridor General Plan land use designation to Low Density Single Family Residential (0.5 to 3.8 Du/Ac) to rezone the Planned Development Open Space Prezoning to allow single family custom homes and to subdivide the open space area to allow 10 single family residential lots; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) ; and WHEREAS, the State of California Subdivision Map Act and the adopted City of Dublin Subdivision Regulations require that no real property may be divided into two or more parcels for purpose of sale, lease or financing unless a tentative map is acted upon, and a final map is approved consistent with the Subdivision Map Act and City of Dublin subdivision regulations; and WHEREAS, the Planning Commission held a noticed public hearing to consider the request on April 16, 1990; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Staff Report was submitted recommending the Planning Commission recommend City Council denial of the Tentative Map; and WHEREAS, the Planning Commission heard and considered all said reports, recommendations and written and oral testimony submitted at the public hearing as hereinabove setforth. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby -find that: 1. The proposed Tentative Map is not consistent with the City' s General Plan as applied to this property in that the site is designated open space while the proposed tentative map is for 10 single family residential lots. PIZm 0 T ,� 2. The proposed Tentative Map is not consistent with the zoning district in which the site is located in that the site is zoned Planned Development open space while the proposed Tentative Map is for residential lots. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby recommend City Council denial of the Tentative Map for PA 89-115, Hansen Hill/Bren Co. PASSED, APPROVED AND ADOPTED this 16th day of April, 1990. AYES : Commissioners Barnes and Mack NOES: Commissioner Burnham ABSTAINED: Commissioners Okun and Zika ABSENT: None Planning Commission ,,chairperson ATTEST: Planning Directo -2- final resolution . IN Cm. Burnham closed the public hearing . Cm. Mack asked that Staff clarify Condition #6 in Exhibi he felt that the existing language could be interpreted d ' ntly. The Commission and Staff discussed the potential ge revisions for Condition #1 in Exhibit B. and de to have it read "shall be modified to conform to the Ci gn Ordinance" . This would give the Applicant the option t ce the sign area or move the sign back to increase the s area. Cm. Okun asked if the parking on th was sufficient for the use . Staff indicated yes . On motion from Cm. Barne h language modifications as discussed for Conditio #6 , and #24 , seconded by Cm. Zika, and with a vote of 5 e Planning Commission adopted RESOLUTION NO. 90-013 APPROVING P 040 AND PA 89-122 DUBLIN HONDA CONDITIONAL USE P TO CONTINUE OPERATION AND TO EXPAND THE EXISTIN IN HONDA AUTO DEALERSHIP USE BY A 5 , 372 SQUARE FOOT ING ADDITION AND TO PERMIT A FREESTANDING SIGN AT 7099 AMADOR PLAZA ROAD On n from Cm. Barnes , seconded by Cm. Zika, and with a vote o , the Planning Commission adopted RESOLUTION NO. 90-014 APPROVING PA 89-040 AND PA 89-122 DUBLIN HONDA SITE DEVELOPMENT REVIEW APPLICATION TO EXPAND AND REMODEL THE EXISTING DUBLIN HONDA BUILDING BY 5 , 392 SQUARE FEET AND TO PERMIT THREE WALL SUBJECT: PA 89-115 Hansen i ren o. General Plan Amendment, Tentative Map and Planned Development Rezoning to redesignate a 3 . 33 acre open space/stream corridor to low density single family residential allowing 10 single family custom home lots located within the northwestern portion of the Hansen Hill/Bren Co . site . Cm. Burnham opened the public hearing and asked for the Staff Report . Ms . O ' Halloran presented the staff report to the Commission. She discussed the background of the project relating to the original General Plan Amendment request as well as the Rezoning and Tentative Map applications . --------------------------------------- ~ Regular Meeting PCM-1990-33 April 16 , 1990 [ping-05 . 4-16min] f1 Ms . O' Halloran indicated that the General Plan was a comprehensive long-term plan for the physical development of the City. The proposed 3 . 3 acre site was considered in the previous General Plan Amendment and residential development on the site was prohibited. Ms . O ' Halloran indicated the General Plan prohibits development in open space areas and the proposed General Plan Amendment would be detrimental to the sensitivity of the site . Ms . O' Halloran indicated that Staff was recommending denial of the General Plan Amendment . Ms . O ' Halloran indicated that the Planning Commission ' s role in the approval process of this application was to make a recommendation to the City Council . Staff requested that the Commission consider each aspect of the application separately ( i . e. , the General Plan Amendment section first, then the Rezoning and Tentative Map sections , etc . ) . Marti Buxton, Applicant/The Bren Co. , discussed the background of the Hansen Hill project and indicated that the project had changed since the original General Plan Amendment was adopted . The original project was much less sensitive to the environment as well as larger than the project that was presently before the Commission . She discussed the collector streets from the wall map and indicated that the existing project had redesigned the roadway in a more sensitive manner than previously proposed . Ms . Buxton indicated that The Bren Co. was taking a more sensitive approach to the development of the area . The custom lots are more sensitive to the site . The proposed project consist of 157 production lots with 23 custom home lots wherein the original General Plan Amendment approved 222 lots . When the site was analyzed, The Bren Co. decided that 190 lots would be more sensitive to the site. Ten of those lots proposed along the road are being discussed this evening. Ms . Buxton indicated that this amendment was a separate issue and the City Council had approved the initiation of this application . She noted that there seemed to be some confusion on what had been approved on January 10 , 1989 regarding "Area 3" . She stated that the 10 lots that were being discussed tonight should have been processed with the original General Plan Amendment . Ms . Buxton quoted various phrases from the January 10, 1990 City Council Staff Report that recommended City Council consideration of custom homes in certain open space areas . Ms . Buxton indicated that for some reason this was not approved by the City Council and there seemed to be some confusion, with all of the various issues being discussed at the time . Ms . Buxton indicated that there would not be any more grading than what was necessary, only what needed to go for the loop ----------------------------------------------------------------- Regular Meeting PCM-1990-34 April 16 , 1990 [ping-05 : 4-16min] street and the stub street to the Nielsen property and the maintenance road that is being required along the creek . She apologized that an error was made, which was a miscommunication with Bren Co . ' s engineers . The engineers have rectified the excess grading issue . She passed out copies of the new revised grading plan. She discussed the revised grading with the Commission and Staff indicating the grading for Lots #189 and #190 was reduced on the new revised grading plan. Ms . Buxton reassured the Commission that the revised plans were correct and that there would not be anymore grading than what was previously approved. Ms . Buxton indicated that the proposed project would provide a variety of housing types and the public had shown a great interest in buying these homes or in building their dream home on these lots . She indicated that the plan is better spread out and is not at the maximum density ratio . Ms . Buxton indicated that roads were expensive to build and if the 10 lots were not allowed, then there would be a 1/3 mile of empty road area . If the lots were allowed to be built, there would be a better control over access to the open space areas . There would be a health and safety hazard present if the homes were not built on the area in question. Ms . Buxton indicated that she was not aware that the staff report would be presented with the issues separated ( i . e . , General Plan Amendment, Rezoning, and Tentative Map presented separately) . Ms . O' Halloran clarified to the Commission that Staff had not had an opportunity to review the new revised plans presented by the Applicant at the meeting, however they are more directly related to the Tentative Map issues rather than the General Plan Amendment . She indicated Staff and the Applicant have discussed the issues but have not seen the revised plans . Cm. Okun asked since Staff has not reviewed the plans , then Staff did not have a recommendation for the Commission. Ms . O ' Halloran indicated that the issue Staff is asking the Commission to take action on is the General Plan Amendment and the revised plans do not relate to the General Plan Amendment . Mr. Bill Bantz , resident on Rolling Hills Drive, indicated that he was familiar with the project . He indicated that the roadway was built for safety access only, not for building homes . The proposed 10 lots would be detrimental to the area and disturbing to the surrounding animal habitat . Mr. Bantz indicated that everyone would like to build their dream ` home in the open space, however this project would not be appropriate for the open space area . ----------------------------------------------------------------- Regular Meeting PCM-1990-35 April 16 , 1990 [ping-05 : 4-16min] Cm. Okun asked for clarification on the redesignation of the area. Ms . O ' Halloran discussed the general plan amendment process . If the General Plan Amendment was approved by the City Council , then the 3 . 3 acres would be redesignated from open space to single- family and would allow a range of development from . 5 dwelling units per acre to 3 . 8 acres dwelling units per acre . Cm. Burnham asked if the single-family designation would allow consideration of homes within the specified density range . Ms . O' Halloran indicated yes . Cm. Burnham asked if Staff was objecting to the 10 lot proposal or any homes in the specific area . Ms . O ' Halloran indicated that Staff was recommending that the General Plan Amendment be denied totally which would not allow any homes to be built in the open space area . Cm. Burnham closed the public hearing for the General Plan Amendment section of the application . On motion from Cm. Zika, seconded by Cm. Barnes , and with a vote of 3-1-1 (Cm. Okun abstained indicating that he was not clear enough on the issue) , the Planning Commission adopted RESOLUTION NO. 90-015 RECOMMENDING CITY COUNCIL DENIAL OF GENERAL PLAN AMENDMENT FOR PA 89-115 HANSEN HILL RANCH/BREN CO. 10 LOTS Ms . O ' Halloran indicated that the Rezoning and Tentative Map sections of the application would need to comply with the General Plan. Since the Commission had recommended denial of the General Plan Amendment, there was no need for further discussion, however Staff recommended the Commission take a formal action on the remaining two resolutions . On motion from Cm. Zika, seconded by Cm. Mack, and with a vote of 3-1-1 (Cm. Okun abstained) , the Planning Commission adopted RESOLUTION NO. 90-016 RECOMMENDING CITY COUNCIL DENIAL OF THE PLANNED DEVELOPMENT REZONING FOR PA 89-115 HANSEN HILL RANCH/BREN CO. Ms . Buxton asked that she be allowed to present her viewpoint on the rezoning and tentative map issues . Mr. Tong advised the Commission that it would be appropriate to accept testimony from the public regarding the rezoning and tentative map issues prior to taking a vote on it . He advised that it would be appropriate to rescind the action taken and reopen the public hearing. ----------------------------------------------------------------- Regular Meeting PCM-1990-36 April 16 , 1990 [ping-05 : 4-16min] Cm. Barnes and Zika indicated that it seemed inappropriate to discuss the remaining issues if the Commission was recommending denial of the General Plan Amendment . Ms . O' Halloran indicated that the Commission' s recommendations should be consistent and if the General Plan Amendment was recommended for denial , then the Rezoning and Tentative Map sections should also be recommended for denial . However, to provide for the due process, the Commission should reopen the public hearing on the two remaining items . Staff and the Commission discussed the options available to them through the State law requirements . Mr. Tong agreed with the Commission that the action taken by the Commission on the General Plan Amendment would make the Rezoning and Tentative Map issues irrelevant . He indicated, however, that going through the motions would make the issues clear to the Applicant, the public and the Council as to the Commission ' s recommendations . He indicated that it was, however, the Commission ' s option to take action on the General Plan Amendment and not to take any further action on the remaining issues . Cm. Zika and Cm. Barnes felt that the remaining two issues were irrelevant and that they preferred to not take any further action. Cm. Mack and Burnham felt that it would be appropriate for the Applicant to have an opportunity to comment on the remaining issues . Cm. Zika rescinded his previous motion regarding the rezoning application, Cm. Mack rescinded her second. Cm. Burnham reopened the public hearing. Ms . Buxton indicated she felt that it would be inappropriate to separate the issues and they should be discussed as a unit. Ms . Buxton stated that it was her opinion that the custom lot design guidelines that had been adopted for the overall project would meet any of the concerns discussed. Site Development Review would address the issues of landscaping of native vegetation and establishment of fence restrictions which have not been discussed. Ms . Buxton indicated that allowing the 10 lots would not be detrimental to the aesthetics of the project and felt that the additional 10 lots made a better project. She indicated that she wrote letters to approximately 300 residents within the required radius and indicated that there was no opposition from the property owners . She indicated since there was only one resident ----------------------------------------------------------------- Regular Meeting PCM-1990-37 April 16 , 1990 [ping-05 : 4-16min] that showed any concerns that the neighborhood was accepting the proposed project . Cm. Burnham closed the public hearing. On motion from Cm. Barnes , seconded by Cm. Mack, with a vote of 2-1-2 (Cm. Zika abstained because he felt that it was redundant action. Cm. Okun also abstained) , the Planning Commission adopted RESOLUTION NO. 90-016 RECOMMENDING CITY COUNCIL DENIAL OF THE PLANNED DEVELOPMENT REZONING FOR PA 89-115 HANSEN HILL RANCH/BREN CO. RESOLUTION NO. 90-017 RECOMMENDING CITY COUNCIL DENIAL OF THE TENTATIVE MAP FOR HLJ�ZEN HILL RANCH/BREN CO. 10 LOT i -o -wa i parallel to Interstate 580 and connecting t7the Hacien da Interchange . Review of report and recommendation of the Cit En ineer on the -wa line study. Cm. Burnham opened the public hearing and asked he staff report . Mr. Carrington presented the staff report t Commission and Mr. Thompson explained the exhibits to th mission regarding the proposed cross section and alignmen the proposed two-lane access road. Cm. Zika asked where would this a road be in relation to the proposed BART station. Mr. Thompson indicated the in question would be east of the Southern Pacific Railroa t-of-way. Cm. Burnham asked fo ification regarding requiring a two lane roadway versu ur lane roadway. He was under the impression that -lane roadway would be built . Mr . Thompson ated that traffic analysis indicates that presently a -lane road is not needed. When the East Dublin area was d ped, then a four-lane road would eventually be needed. Mr. J iManto asked for clarification of the Planning Com on ' s role at tonight ' s meeting. ong indicated that the Staff would be making a mmendation to the City Council regarding the Negative claration and the alignment of the access road. The next step ould be for the City Council to establish a date for and then Q�i6man1-" '* - "NII 11 IN ill i JJ111 1 '11 IF= Regular Meeting PCM-1990-38 April 16 , 1990 [ping-05 : 4-16min]