HomeMy WebLinkAboutOrd 10-02 WDubBARTSp Rez ORDINANCE NO. 10 - 02
AN ORDINANCE OF THE CITY OF DUBLIN
AMENDING THE ZONING MAP TO REZONE 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 PA 02-014
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 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,
WI~EREAS, the City of Dublin is initiating the rezoning of parcels in the West Dublin BART
Specific Plan area from existing zoning districts M-1, C-1, 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, the Planning Commission has recommended approval of the Planned Development
(West Dublin BART Specific Plan) rezone for PA 02-014; and
WHEREAS, a properly noticed public hearings were held by the City Council on June 4, 2002 and
June 18, 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 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 StaffReport was submitted recommending that the City Council amend the Zoning
Map to rezone parcels in the West Dublin BART Specific Plan area from existing zoning districts M-l, C-
1, and C-2 to a Planned Development (West Dublin BART Specific plan) zoning district; and
WltEREAS, the City Council heard and considered all said reports, recommendations, written and
oral testimony submitted at the public hearing as hereinabove set forth.
WItEREAS, 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
(West Dublin BART Specific Plan) rezoning for PA 02-014:
1. 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
2. Development under the Planned Development (West Dublin BART Specific Plan) Zoning District
will be harmonious and compatible with existing and future development in the surrounding areas;
and
3. The Planned Development rezone is consistent with the general provisions, intent, and purpose of
the Planned Development 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
4. 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
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 (West
Dublin BART 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 West
Dublin BART Specific Plan and does not require additional environmental review under CEQA.
8. Assessor 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 already zoned Planned Development and are not included in this proposed rezoning.
WHEREAS, the City Council did hear and use their independent judgment and considered all said
reports, recommendations and testimony hereinabove set forth.
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NOW, TItEREFORE, 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 (West
Dublin BART Specific Plan) zoning district:
Approximately 70 acres of land located south of Dublin Boulevard and north of the 1-580
freeway (APNs: 941-1500-15-7, 15-19, 15-24, 16-33, 17-6, 20, 24, 25, 28-2, 29-2, 30, 31, 32,
33, 34, 35, 36-2, 37, 43-2, 44-2, 45, 46, 47-2, and 47-3).
A map of the rezoning area is shown below:
SECTION 2.
The regulations of the use, development, improvement, and maintenance of the Property are set
forth in the West Dublin BART Specific Plan and this ordinance. Any amendments to the West Dublin
BART Specific Plan shall be in accordance with the Dublin Municipal Code or its successors. If the West
Dublin BART 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.
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 West Dublin BART
Specific Plan, the use, development, improvement and maintenance of the Property shall be governed by
the provisions of thc Dublin Zoning Ordinance.
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SECTION 4.
The City Clerk o£ the City o£ 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 18th day of June 2002, by
the following votes:
AYES: Councilmelnbers McCorlnick, Oravetz, Sbranti and Zika and Mayor Lockhart
NOES: None
ABSENT: None
ATTEST: ~/~ , ~ Mayor
Ckty O erk-I
K2/G/6-18-02/ord-wdBARTsp.doc (Item 6.2)
GSPAg~2002\02-014\WDBSP CC Or&doc