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HomeMy WebLinkAboutPC Reso 98-05 PA97-031 Opus/Creekside Office PD RezRESOLUTION NO. 98 - 05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THE APPROVAL OF A PLANNED DEVELOPMENT REZONE FOR PA 97-031 OPUS PLANNED DEVELOPMENT (CREEKSlDE OFFICE PARK) WHEREAS, Opus West Corporation, the Applicant, is requesting a Planned Development Rezoning to establish General Provisions and Development Regulations for a 31.2 acre portion ofAPN 946-15-1-4(por); and WHEREAS, Opus West Corporation has submitted a Land Use and Development Plan as required by Section 8.31-13 of the Zoning Ordinance which meets the requirements of said section; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the project is within the scope Eastern Dublin Specific Plan Amendment and City of Dublin General Plan Amendment for which a Mitigated Negative Declaration was prepared (SCH 96092092) and the Eastern Dublin Specific Plan and General Plan Amendment, for which a Program EIR was certified (SCH 91103064). That Mitigated Negative Declaration together with the Program EIR adequately describes the total project for the purposes of CEQA; and WHEREAS, there have not been any identified changes in the Project or in the circumstances under which the Project is to be undertaken or any new information which requires revisions to the Mitigated Negative Declaration or to the Program EIR; and WHEREAS, through inclusion of the mitigation measures, it has been determined that the project will not have a significant effect on the environment; and WHEREAS, the Staff Report was submitted recommending that the Planning Commission recommend approval of the application to the City Council; and WHEREAS, the Planning Commission did hear and use their independent judgment and consider all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: 1. The Planned Development Rezone will be appropriate for the subject property in terms of providing a range of permitted and conditionally permitted uses which will be compatible with vacant and proposed commercial, office and residential uses in the immediate vicinity, and which enhances development of the Specific Plan area; and 2. The Planned Development Rezoning will not have a substantial adverse affect on health or safety or be detrimental to the public welfare or be injurious to the property or public improvements as all applicable regulations will be met; and 3. The Planned Development Rezoning will not overburden public services as the Eastern Dublin Specific Plan Matrix requires provision of public services and the Matrix was adopted as part of this project; and 4. As demonstrated in the Eastern Dublin Specific Plan matrix which was made a part of the Mitigated Negative Declaration, the Planned Development Rezoning will be consistent with the Dublin General Plan and the Eastern Dublin Specific Plan including all the policies therein; and 5. The Planned Development Rezoning as designed will provide efficient use of the land with minimum alteration of natural land forms and will create an attractive, efficient and safe environment; and 6. The Planned Development Rezoning will benefit the public necessity, convenience and general welfare and is in conformance with Chapter 8.32 of the Dublin Zoning Ordinance; and 7. The Planned Development Rezoning will be compatible with and enhance the general development of the area because it will be development pursuant to conditions of approval and site development review; and 8. The Planned Development Rezoning will create attractive, efficient and safe development because it will be developed pursuant to site development review. BE IT FURTHER RESOLVED THAT except as specifically included in Exhibit 2, attached to the staff report and made a part of this Resolution, development and operation of land use activities within this planned development, shall be subject to the City of Dublin Zoning Code in effect at the time the development and land use activities are considered. Changes or revisions to this document, including Exhibit 2 shall be subject to those requirements contained within the most current Zoning Code. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby recommend approval of PA 97-031, Opus Planned Development, subject to the General Provisions and Development Standards which constitute regulations for the use, improvement and maintenance of the 31.2 acre APN 946-15-1-4(por) and included as Exhibit 2 attached to the staff report. PASSED, APPROVED AND ADOPTED this 10th day of February, 1998. Cm. Jennings, Johnson, Hughes, Musser, and Oravetz AYES: NOES: ABSENT: Planning Commission, Chairperson Community Development Director G:~OCRESPD