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Home My WebLink AboutOrd 16-06 Dublin Village Historic Area SP ORDINANCE NO. 16 - 06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * ** ** ** ** ** ** ** ** ** ** ** * AMENDING THE ZONING MAP TO REZONE SIX PARCELS IN THE DUBLIN VILLAGE HISTORIC AREA SPECIFIC PLAN TO PLANNED DEVELOPMENT (DUBLIN VILLAGE HISTORIC AREA SPECIFIC PLAN) AND ADOPTING THE RELATED STAGE 1 AND 2 DEVELOPMENT PLAN PA 02-074 WHEREAS, the City of Dublin is desirous of improving the appearance, functionality, economic vitality of Dublin' s core historic area in a manner consistent with the broad vision expressed in the Dublin General Plan; and WHEREAS, the City prepared the Dublin Village Historic Area Specific Plan pursuant to Government Code Sec. 65450 et seq.; and WHEREAS, the Dublin Village Historic Area Specific Plan (adopted by the City Council on August 1, 2006 via Resolution 149-06) includes permitted land uses, development standards, design guidelines, public streetscape improvements and implementation programs to achieve the goals of the Specific Plan and the Dublin General Plan; and WHEREAS, the City of Dublin initiated the rezoning of parcels in the Dublin Village Specific Plan area from existing zoning districts C-1 (Retail Commercial) and A (Agricultural) to Planned Development (Dublin Village Historic Area Specific Plan) Zoning District in order to bring the zoning of the parcels into conformance with the land use designations contained in the Dublin Village Historic Area Specific Plan; and WHEREAS, the Stage 1 and 2 Development Plan for the Planned Development (Dublin Village Historic Area Specific Plan) Zoning District is attached to this Resolution as Exhibit A; 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 Dublin Village Historic Area Specific Plan pursuant to CEQA Guidelines Section 15063. Based on the Initial Study, a Mitigated Negative Declaration was prepared for the Specific Plan with the finding that the implementation ofthe Plan would have no adverse environmental impacts as mitigation was agreed to by the project proponent. The Mitigated Negative Declaration was adopted by the City Council on August 1, 2006. This rezoning is an implementation measure of the Dublin Village Historic Area Specific Plan and an Addendum to the Initial Study/Mitigated Negative Declaration was prepared to address the rezoning of parcels not originally included in the project description; and WHEREAS, the Planning Commission reviewed and considered this item at its meeting on August 22, 2006 and recommended approval of the Ordinance to the City Council via Planning Commission Resolution No. 06-034; and Ord No. 16-06, Adopted 9/19/06, Item 4.11 Page 1 of 4 WHEREAS, a Staff Report was submitted recommending that the City Council amend the Zoning Map to rezone parcels in the Dublin Village Historic Area Specific Plan area to Planned Development (Dublin Village Historic Area Specific Plan) Zoning District; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the City Council did hear and use its independent judgment and consider all said reports, recommendations, and testimony 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 (Dublin Village Historic Area Specific Plan) rezoning for PA 02-074: 1. The proposed Planned Development (Dublin Village Historic Area 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 (Dublin Village Historic Area Specific Plan) Zoning District and would be harmonious and compatible with existing and future development in the surrounding areas; and 3. Should the Specific Plan be updated or changed, the Planned Development (Dublin Village Historic Area Specific Plan) Zoning District would remain consistent in that it refers back to the Specific Plan for the development standards and allowed uses; and 4. The Planned Development rezone is consistent with the general provisions, intent, and purpose of the PD District Zoning District of the Zoning Ordinance in that it contains all 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 5. The subject site is physically 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 6. 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 (Dublin Village Historic Area Specific Plan) Zoning District will limit land uses to those which are appropriate for this site; and 7. The proposed rezoning is consistent with the Parks/Public Recreation designation of the Dublin General Plan the proposed use types are permitted by said designation. 8. The proposed rezoning is within the scope of the Mitigated Negative Declaration adopted for the Dublin Village Historic Area Specific Plan and Addendum and does not require additional environmental review under CEQA The City Council considered the Addendum with the adopted Mitigated Negative Declaration prior to approving the rezoning. Ord No. 16-06, Adopted 9/19/06, Item 4.11 Page 2 of 4 NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows: Section!: 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 (Dublin Village Historic Area Specific Plan) Zoning District: Approximately 9 acres of land encompassing the following six properties: 11759 Dublin Boulevard (APN 941-1560-007-01), No address (APN 941-1560-006), No address (APN 941-1560-005), No address (APN 941-1560-003-03),6506 Donlon Way (APN 941-1560-001-01), and 6600 Donlon Way (APN 941- 1560-001-02). A map of the six-parcel rezoning area is shown below: .=_===_ (~APN941_J~~~ I ='~ -----~-== ;~=~~ ~- ~~~ -------_...:::::::---==::::"~..===-...=:""-="'~----- APN 941-1560-06 Section 2: The regulations of the use, development, improvement, and maintenance of the Property are set forth in this ordinance. If the Dublin Village Historic Area Specific Plan is amended or changed, the Planned Development zoning would remain consistent in that it refers back to the Specific Plan for the development standards and allowed uses. Section 3: Development can occur on this property in conformance with the Stage 1 and 2 Development Plan, attached as Exhibit A to this Ordinance, and which is hereby adopted as part of the Planned Development Zoning District. Ord No. 16-06, Adopted 9/19/06, Item 4.11 Page 3 of 4 Section 4. In the event any section or portion of this ordinance shall be determined invalid or unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. Section 5: This ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause the 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, APPROVED AND ADOPTED BY the City Council of the City of Dublin, on this 19th day of September 2006, by the following votes: AYES: Council members Hildenbrand, Oravetz and Zika, and Mayor Lockhart NOES: None ABSENT: Councilmember McCormick ABSTAIN: None ~~ /1 (j Mayor ATTEST: \ \\ /) i \ i_, ,.::JlllR.-.., ~ilv..eW"~' City Clerk " Ord No. 16-06, Adopted 9/19/06, Item 4.11 Page 4 of 4 /Lfo//~ Stage 1 and Stage 2 Development Plan for the Planned Development - Dublin Village Historic Area Specific Plan Zoning District Sta~e 1 and 2 Development Plan reQuiremenis 1. Zoning Planned Development (Dublin VillalZe Historic Area Specific Plan) 2. Statement of Proposed Uses ! Permitted Uses .AB allowed per Dublin Village Historic Area Specific Plan Conditional Uses As allowed per Dublin Village Historic Area Specific Plan Temporary Uses As allowed per Chapter 8.108 (Temporary Use Permit) of the Zoning Ordinance 3. Stage I and 2 Site Plan Overall Park Plan as shown in the Dublin Hi~oric Park Master Plan ffixhibitA to Attachment 2) 4. Site area and proposed densities .AB allowed per Dublin HIstoric Park Master Plan 5. Phasing Plan As allowed per Dublin Historic Park Master Plan I 6. Landscaping Plan As required per Dublin Historic Park Master Plan I 7. General Plan and Specific Plan Planned Development Zoning District is consistent conslstency 8. InclusionaT)T Zoning Regulations Not applicable - residential uses not allowed in I Planned Development (Dublin Village Historic Area Specific Plan) Zoning District 9. 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