HomeMy WebLinkAboutOrd 09-98 RezPark Sierra,Ph IIORDINANCE NO. 9 - 98
AN ORDINANCE OF THE CITY OF Dublin
AMENDING THE ZONING MAP TO REZONE PROPERTY
LOCATED NORTH OF THE FORMER SOUTHERN PACIFIC RAILROAD
RIGHT-OF-WAY, EAST OF ALAMO CREEK AND WEST OF
ARROYO VISTA HOUSING COMPLEX (APNs 941-0007-001-02 & 941-0007-002-00)
TO A PLANNED DEVELOPMENT ZONING DISTRICT AND ADOPTING
A DEVELOPMENT PLAN FOR PARK SIERRA PHASE H (PA 98-010)
WHEREAS, Shea Properties has requested approval of a Planned Development Rezoning District
for a residential development consisting of 74 apartment units on approximately 5.7 acres of land generally
located north of the Southern Pacific Railroad right-of-way (future Iron Horse Trail), east of Alamo Creek
and west of Arroyo Vista Housing Complex; and
WHEREAS, Shea Properties has submitted a Development Plan required by Chapter 8.32 of Title 8
of the Dublin Municipal Code which meets the requirements of said Chapter; and
WHEREAS, the site will be rezoned from Zoning Unit 1418 to a Planned Development Multi-
Family Residential Zoning District; and
WHEREAS, a Mitigated Negative Declaration has been prepared for this project with the finding
that with the implementation of mitigation measures contained in the Initial Study, there will be no
significant environmental impacts; and
WHEREAS, the Planning Commission did hold a public hearing on said application on May 26,
1998, with proper notice of said hearing was given in all respects as required by law; and
WHEREAS, the Planning Commission has recommended approval of the Planned Development
Rezone and the Development Plan for PA 98-010; and
WHEREAS, the City Council held a public hearing on said application on June 2, 1998, with proper
notice of said hearing given; and
WHEREAS, the Staff Report was submitted recommending that the City Council approve the
application; and
WHEREAS, pursuant to Sections 8.32.070 and 8.120.050 of the Dublin Municipal Code, the City
Council makes the following findings:
1. The proposed Planned Development Zoning meets the intent and purpose of Chapter 8.32
of the Zoning Ordinance because it provides a comprehensive Development Plan which will create a more
desirable use of land than would have been provided under existing zoning or in combination with any
other existing Zoning District. Additionally, the Planned Development will create an environment that is
sensitive to environmental features by virtue of the site layout and building architecture. The proposed
Development Plan is also consistent with the General Plan land use category of Medium Density
Residential. The Development Plan has a density of 13 units per acre which is consistent and with the
Medium Density Residential density cap of 14 dwellings per acre.
2. Development under the Planned Development District Development Plan will be
harmonious and compatible with existing and future development of Medium and Medium-High Density
residential development and the site plan has been designed to fit the triangular-shaped site configuration.
Adequate setbacks and complementary architectural designs are proposed consistent with Phase I
development of Park Sierra and with other existing developments.
3. The project site is physically suited for a multi-family project in that adequate roadway
capacity exists within Dougherty Road and that the Development Plan contains adequate on-site parking,
setbacks, utilities and open spaces in addition to dwelling units.
4. The proposed Amendment will not adversely affect the health or safety of persons residing
or working in the vicinity, or be detrimental to the public health, safety or welfare because the
Development Plan has been designed in accord with the Dublin General Plan and mitigation measures
contained in the Mitigated Negative Declaration.
WHEREAS, the City Council did hear and use its independent judgment and consider all reports,
recommendations and testimony hereinabove set forth.
NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows:
SECTION 1:
Pursuant to Chapter 8.32 of the City of Dublin Municipal Code, the City of Dublin Zoning Map is
amended to rezone the following property ("Property") to a Planned Development Zoning District::
Approximately 5.7 acres of land generally located on the west side of Dougherty Road, north of
the Southern Pacific Right-of-Way and west of Arroyo Vista housing complex, more specifically
described as Assessor's Parcel Numbers 941-0007-001-02 & 941-0007-002-00.
A map of the Property is shown below:
PD
SECTION 2
The regulations of the use, development, improvement and maintenance of the Property are set forth
in the Development Plan (Attachment 1, hereto) which is hereby approved. Any amendments to the
Development Plan shall be in accord with Section 8.32.080 of the Dublin Municipal Code or its successors.
SECTION 3.
Except as provided in the Development Plan, the use, development, improvement and maintenance of
Property shall be governed by the provisions of the then-current zoning ordinance for the R-M Zoning
District.
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.
PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 16th day of June,
1998, by the following votes:
AYES:
Councilmembers Barnes, Burton, Howard, Lockhart and Mayor Houston
NOES: None
ABSENT: None
ABSTAIN: None
K2/G/cc-mtgs/6-16-98/ordshea2.doc