HomeMy WebLinkAboutPC Reso 02-24 Rezone WDub BART RESOLUTION NO. 02 - 24
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL APPROVE THE REZONING OF
PARCELS IN THE WEST DUBLIN BART SPECIFIC PLAN AREA FROM EXISTING
ZONING DISTRICTS M-l, C-l, AND C-2 TO A PLANNED DEVELOPMENT (WEST
DUBLIN BART SPECIFIC PLAN) ZONING DISTRICT,
PA 02-014, CITY OF DUBLIN
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 West Dublin BART Specific Plan pursuant to
Government Code Sec. 65450 et seq.; and,
WHEREAS, the West Dublin BART Specific Plan (adopted by the City Council on
December 19, 2000 and amended on October 16, 2001) 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, the City of Dublin is initiating the rezoning of parcels in the West Dublin
BART Specific Plan area from existing zoning districts M-l, C-l, and C-2 to Planned
Development (West Dublin BART Specific Plan) Zoning District in order to bring the zoning of
the parcels into conformance with the land use designations contained in the West Dublin BART
Specific Plan; and
WHEREAS, the parcels in the Specific Plan area already zoned Planned Development
(parcel numbers 941-1500-14-17, 38-2, 38-3, 42-3, 42-4, 48, 49-1, 49-3, 51-2, 52, and 53) are
consistent with the Specific Plan land use designations and do not require rezoning to be made
consistent; and
WHEREAS, the Planning Commission did hold a public hearing on the Planned
Development (West Dublin BART Specific Plan) rezone on May 14, 2002; 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 California
Environmental Quality Act (CEQA), the State CEQA Guidelines and the City Environmental
Guidelines. An Initial Study was prepared for the West Dublin BART 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 West Dublin
BART Specific Plan and therefore no additional environmental review is required; and,
WHEREAS, a Staff Report was submitted recommending Planning Commission
approval of a resolution recommending City Council approval of the Planned Development
(West Dublin BART Specific Plan) Zoning District; and
WHEREAS, the Planning Commission heard and considered all said reports,
recommendations, written and oral testimony submitted at the public hearing as hereinabove set
forth.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission
does hereby make the following findings and determinations regarding said proposed Planned
Development (West Dublin BART Specific Plan) rezoning:
The proposed Planned Development (West Dublin BART 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
Development under the Planned Development (West Dublin BART Specific Plan)
Zoning District and would be harmonious and compatible with existing and future
development in the surrounding areas; and
Should the West Dublin BART Specific Plan be updated or changed, the Planned
Development (West Dublin BART Specific Plan) Zoning District would remain
consistent in that it refers back to the Specific Plan for the development standards and
allowed uses; and
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
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
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 (West Dublin BART Specific Plan) Zoning District will limit land uses to
those which are appropriate for this site; and
The proposed rezoning is consistent with the Retail/Office and Public/Semi-Public
Facilities designations of the Dublin General Plan the proposed use types are permitted
by said designation.
The proposed rezoning is within the scope of the Negative Declaration adopted for the
West Dublin BART Specific Plan and does not require additional environmental review
under CEQA.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does
hereby recommend that the City Council approve a Planned Development (West Dublin BART
Specific Plan) rezone for all of the parcels in the West Dublin BART Specific Plan area except
for parcel numbers 941-1500-14-17, 38-2, 38-3, 42-3, 42-4, 48, 49-1, 49-3, 51-2, 52, and 53,
which are already zoned Planned Development.
PASSED, APPROVED and ADOPTED this 14th day of May 2002.
AYES:
NOES:
ABSENT: Jennings
ABSTAIN:
ATTEST:
P~an~ing~/anager
Johnson, Musser, Nassar & Fasulkey
P~an~¢o ¢mlSslon Chmrperson
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