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HomeMy WebLinkAboutOrd 11-02 VillagePkwySP Rez ORDINANCE NO. 11 - 02 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING THE ZONING MAP TO REZONE PARCELS IN THE VILLAGE PARKWAY SPECIFIC PLAN AREA FROM EXISTING ZONING DISTRICTS C-N, C-l, and C-2 TO PLANNED DEVELOPMENT (VILLAGE PARKWAY SPECIFIC PLAN) ZONING DISTRICT PA 02-012 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 Village Parkway Specific Plan pursuant to Government Code Sec. 65450 et seq.; and, WHEREAS, the Village Parkway 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, the City of Dublin is initiating the rezoning of parcels in the Village Parkway Specific Plan area from existing zoning districts C-N, C-I, and C-2 to Planned Development (Village Parkway Specific Plan) Zoning District in order to bring the zoning of the parcels into conformance with the land use designations contained in the Village Parkway Specific Plan; and WHEREAS, the parcels in the Specific Plan area already zoned Planned Development (parcel numbers 941-210-I3, 941-175-21-2, 941-I75-21-6, and 941-175-21-8) 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 (Village Parkway Specific Plan) rezone on May 14, 2002; and WHEREAS, the Planning Commission has recommended approval of the Planned Development (Village Parkway Specific Plan) rezone for PA 02-012; 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 Village Parkway 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 Village Parkway 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 Village Parkway Specific Plan area from existing zoning districts C-N, C-I, and C-2 to a Planned Development (Village Parkway Specific plan) zoning district; and WHEREAS, the City Council heard and considered all said reports, recommendations, written and oral 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 (Village Parkway Specific Plan) rezoning for PA 02-012: 1. The proposed Planned Development (Village Parkway 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 (Village Parkway 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 (Village Parkway 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 Village Parkway Specific Plan and does not require additional environmental review under CEQA. 8. Assessor Parcel numbers 941-210-13, 941-175-21-2, 941-175-21-6, and 941-175-21-8 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. 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 (Village Parkway Specific Plan) zoning district: Approximately 31 acres of land located north of Dublin Boulevard and on both sides of Village Parkway (APNs: 941-175-21-5 and 21-7; 941-197-79-4, 79-5, 79-6, 79-7, 79-8, 79-10, 79-11, 79-12, 79-13, and 79-14; 941-210-1-4, 1-5, 1-7, 2-2, 5-3, 5-4, 5-5, 6, 7-1, 7-2, 8, 9, 10-1, 10- 2, 11, 12, 14, 15, 16, 18, 19, 29, 30, 31, 32, 33, and 34-2). 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 Village Parkway Specific Plan and this ordinance. Any amendments to the Village Parkway Specific Plan shall be in accordance with the Dublin Municipal Code or its successors. If the Village Parkway 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. 3 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 Village Parkway Specific Plan, the use, development, improvement and maintenance of the Property shall be governed by the provisions of the Dublin Zoning Ordinance. 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 18th day of June 2002, by the following votes: AYES: Councilmembers McCormick, Oravetz, Sbranti and Zika and Mayor Lockhart NOES: None ABSENT: None ABSTAIN: None ~.~~ ~~~ ATTEST: ~ Mayor a~,i~ Cle~'k K2/G/6-18-02/ord-vpsp.doc (Item 6.3) G:~PA~L2002\024)12\VPSP CC Ord. do¢ 4