HomeMy WebLinkAboutOrd 03-02 DwtwnCoreSp Rezone ORDINANCE NO. 3 - 02
AN ORDINANCE OF THE CITY OF DUBLIN
AMENDING THE ZONING MAP TO REZONE PARCELS
IN THE DOWNTOWN CORE SPECIFIC PLAN AREA FROM EXISTING ZONING DISTRICTS
C-l, C-2, AND PD TO A PLANNED DEVELOPMENT
(DOWNTOWN CORE SPECIFIC PLAN) ZONING DISTRICT PA 02-005
WHEREAS, the City of Dublin is desirous of improving the appearance, functionality, economic
vitality of the downtown portion of Dublin in a manner consistent with the broad vision expressed in the
Dublin General Plan; and,
WHEREAS, the City prepared the Downtown Core Specific Plan pursuant to Government Code
Sec. 65450 et seq.; and,
" WHEREAS, the Downtown Core Specific Plan was adopted by the City Council on December
19, 2000 and includes permitted land uses, development standards, urban design guidelines, transportation
improvements and implementation programs to achieve the goals of the Dublin General Plan; and,
WHEREAS, if any development standards are not included in the Downtown Core Specific Plan,
the standards for the C-2 zoning district shall apply to new development in the Specific Plan area.
WHEREAS, the City of Dublin is initiating the rezoning of parcels in the Downtown Core
Specific Plan area from existing zoning districts C-l, C-2, and PD to Planned Development (Downtown
Core Specific Plan) Zoning District in order to bring the zoning of the parcels into conformance with the
land use designations contained in the Downtown Core Specific Plan; and
WHEREAS, the Planning Commission did hold a public hearing on the Planned Development
(Downtown Core Specific Plan) rezone on March 12, 2002; and
WHEREAS, the Planning Commission has recommended approval of the Planned Development
(Downtown Core Specific Plan) rezone for PA 02-005; and
WHEREAS, a properly noticed public hearings were held by the City Council on April 2, 2002
and April 16, 2002; and
WHEREAS, the application has been reviewed in accordance with the California Environmental
Quality Act (CEQA), the State CEQA Guidelines and the City Environmental Guidelines. An Initial
Study was prepared for the Downtown Core Specific Plan pursuant to CEQA Guidelines Section 15071,
and is on file in the Dublin Planning Department. Based on the Initial Study, a Negative Declaration was
prepared for the Specific Plan with the finding that the implementation of the Plan would have no adverse
environmental impacts as mitigation was included in the project description. The Negative Declaration
was adopted by the City Council on December 19, 2000. This application is an implementation measure
of the Downtown Core Specific Plan and therefore no additional environmental review is required; and,
WHEREAS, a Staff Report was submitted recommending that the City Council amend the Zoning
Map to rezone parcels in the Downtown Core Specific Plan area from existing zoning districts C-I, C-2,
and PD to a Planned Development (Downtown Core Specific plan) zoning district; and
WHEREAS, the City Council heard and considered ail said reports, recommendations, written
and orai testimony submitted at the public hearing as hereinabove set forth.
WHEREAS, pursuant to Section 8.32.070 and 8.120.050 of the Dublin Municipal Code, the City
Council makes the following findings and determinations regarding said proposed Planned Development
· ...... (Downtown Core Specific Plan) rezoning for PA 02-005:
1. The proposed Planned Development (Downtown Core Specific Plan) Zoning District meets the
purpose and intent of Chapter 8.32 of the Zoning Ordinance because it will provide uses that are
appropriate for the site as was determined during the Specific Plan adoption process; and
2. Development under the Planned Development (Downtown Core Specific Plan) Zoning District
will be harmonious and compatible with existing and furore development in the surrounding areas;
and "
3. The Planned Development rezone is consistent with the generai provisions,, intent, and purpose of
the Planned Development Zoning District of the Zoning Ordinance in that it contains ail
information required by Chapter 8.32 of the Zoning Ordinance and accomplishes the objectives of
Chapter 8.32, A through H, of the Zoning Ordinance; and
4. The subject site is physicaily suitable for the type and intensity of the zoning district being
proposed because it is an improved site with adjacent roadways which are designed to carry traffic
that would be generated by the proposed types of uses; and
5. The proposed rezoning will not adversely affect the health or safety of persons residing or working
in the vicinity, or be detrimental to the public health, safety and welfare because the project has
been built according to City laws and regulations and because the Planned Development
(Downtown Core Specific Plan) Zoning District will limit land uses to those which are appropriate
for this site; and
6. The proposed rezoning is consistent with the Retail/Office designation of the Dublin General Plan
the proposed use types are permitted by said designation.
7. The proposed rezoning is within the scope of the Negative Declaration adopted for the Downtown
Core Specific Plan and does not require additional environmental review under CEQA.
WHEREAS, the City Council did hear and use their independent judgment and considered ail said
reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE, the Dublin City Council does ordain as follows:
SECTION 1:
Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code the City of Dublin Zoning
Map is amended to rezone the following property ("the Property") to a Planned Development (Downtown
Core Specific Plan) zoning district:
Approximately 51 acres of land located north of Dublin Boulevard and west of the 1-680
freeway (APNs: 941-305-10, 12-2, 22-1, 26, 27, 28, 29-2, 31-2, 32, 33, 36, 37, 38, 39, and 40).
A map of the rezoning area is shown below:
.!D-~ ~ ...... ~!~, :'~,~"~,"~. \ ~ '. ,,-~'~ '~ !' ~ ..:
· ~?-"z, [ ~:.':z~.-.-.-::~'~i~ i ,4--.;'~' \~,\ x",.'¥--~.-~ ..............
..... . , ". '.; ..
~,. ........ ..~_ ,t, \ ',., '...-
........ · -z~¢":~"*.~. ~ [ ~-, x ~ .... .-~-'-'x ~ ",.
SECTION 2.
The regulations of the use, development, improvement, and maintenance of the Property are set
forth in the Downtown Core Specific Plan and this ordinance. Any amendments to the Downtown Core
Specific Plan shall be in accordance with the Dublin Municipal Code or its successors.
SECTION 3.
No development shall occur on this property until Stage II Planned Development and Site
Development Review have been approved for the property. Except as provided in the Downtown Core
Specific Plan, the use, development, improvement and maintenance of the Property shall be governed by
the provisions of the Dublin Zoning Ordinance.
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SECTION 4.
The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3)
public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State
of California.
SECTION 5.
This ordinance shall take effect and be enforced thirty (30) days from and after its passage.
PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 16th day of April 2002, by
the following votes:
AYES: Councilmembers McCormick, Oravetz, Sbranti and Zika and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: ~/- ' - Major
K2/G/4-16-02/oral-downtown.doc (Item 6.2)
G:~PAgXg002\02-005\CCord.doc
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