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Home My WebLink AboutPC Reso 10-03 Scarlett Ct Rezone RESOLUTION NO. 10-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN. RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ZONING THE WESTERNMOST AND EASTERNMOST PORTIONS OF THE VACATED RfGHT-OF-WAY OF SCARLETT COURT AS LIGHT INDUSTRIAL (M-1) PA 09-042 WHEREAS, the City Council adopted Resolution 165-09 vacating the westernmost portion of the- right-of-way of Scarlett Court and Resolution 166-09 vacating the easternmost portion of the right-of-way of Scarlett Court; and WHEREAS, the vacated right-of-way of Scarlett Court is not located within a zoning district and therefore needs to have a zoning designation prior to any development occurring on the site; and WHEREAS, the City proposes to zone the areas Light Industrial (M-1 and WHEREAS, the California Environmental Quality Act (CEQA), .together with State guidelines and City environmental regulations require that certain projects be reviewed for. environmental impacts and that environmental documents be prepared; and WHEREAS, pursuant to the California Environmental Quality Act, the Planning Commission has found the Project to be Categorically Exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15332, In-Fill Development .because the site. is currently. developed and is less than five acres in size; and WHEREAS, a Staff Report dated January 12, 2010. and incorporated herein by reference, described and analyzed the Project, including the companion General Plan Amendment; and WHEREAS, the Planning Commission reviewed the Staff Report at a duly noticed Public Hearing held on January 12, 2010 at which time all interested parties had the opportunity to be heard; and WHEREAS, on January 12, 2010, the Planning Commission adopted Resolution No. 10- 02, incorporated herein by reference, recommending that the City Council approve the companion general plan amendment for the Project; and WHEREAS, the Planning Commission did use its independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends that the City Council approve the Ordinance attached as Exhibit A and incorporated herein by reference, which ordinance establishes the Light Industrial (M-1) Zoning Designation for the property. PASSED, APPROVED, AND ADOPTED this 12th day of`January, 2010 by the following vote: AYES: King, Wehrenberg, Brown, Swalwefl, Schaub NOES: ABSENT: ABSTAIN: ` Mo gan D. King Planning Commission air ATTEST: Jeff Planning Manager G:IPA#120091PA 09-042 Scarleft Ct GPAIPC 1-12-101PC Reso Zoning.DOC 2 ORDINANCE NO. XX - 10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ************* ZONING THE WESTERNMOST AND EASTERNMOST PORTIONS OF THE VACATED RIGHT-OF-WAY OF SCARLETT COURT AS LIGHT INDUSTRIAL (M-1) PA 09-042 THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: Section 1. RECITALS A. This Ordinance establishes the Light Industrial (M-1) Zoning District for the westernmost and easternmost portions of the vacated right-of-way of Scarlett Court. Section 2. FINDINGS AND DETERMINATIONS A. Pursuant to Sections 8.120.050.A and 8.120.050.B of the Dublin Municipal Code, the City Council finds as follows: 1. The establishment of the Light Industrial (M-1) Zoning District for the vacated right-of- way of Scarlett Court is harmonious and compatible with existing development and potential development in the surrounding area because: 1) the zoning action will establish a zoning district of Light Industrial (M-1) which is consistent with the established zoning of the properties in the surrounding area; and 2) by zoning the property Light Industrial, the vacated right-of-way would be allowed to be developed in the future with project(s) that are compatible with the existing development in the surrounding area. 2. The vacated portions of the right-of-way of Scarlett Court are physically suitable for the type and intensity of the Light Industrial (M-1) Zoning District because: 1) development of the sites is anticipated to occur in the future, but is not a part of this application at this time; 2) the vacated right-of-way of Scarlett Court is currently developed with a public road and is surrounded by Light Industrial development and the existing BART Station and parking lot; 3) the sites are suitable for the future development of a light industrial use because the right-of-way is currently surrounded by existing development and light industrial uses; and 4) the sites are currently developed and are relatively flat, and is therefore physically suitable for the type and intensity of the proposed Light Industrial (M-1) Zoning District. 3. The proposed amendment 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: future development will be required to conform to the performance standards and all zoning regulations applicable to the Light Industrial (M-1) Zoning District. Page 1 of 3 EXHIBIT A TO ATTACHMENT 2 4. The zoning designation is consistent with the Dublin General Plan because: as amended, the Business Park/Industrial and Outdoor Storage land use designation of the sites is compatible with the Light Industrial Zoning District. C. Pursuant to the California Environmental Quality Act (CEQA), on , the City Council found that the zoning action is Categorically Exempt from CEQA pursuant to Section 15332, In-Fill Development. D. On , 2010, the City Council adopted Resolution No. -10 approving the companion General Plan Amendment for the Project, which resolution is incorporated herein by reference. Section 3. ZONING MAP AMENDMENT. A. Pursuant to Chapters 8.12 and 8.120, Title 8 of the City of Dublin Municipal Code, the Dublin Zoning Map is amended to zone the following area as Light Industrial (M-1) Zoning District: The westernmost portion of the vacated right-of-way of Scarlett Court (97 acres). A map of the rezoning area is shown below: oo" ,I ?N n Le ?' cr/ 0 I00 E Lea ?odn. ooG \ \ ?? ex cK?e F / MAP 9FW Westernmost portion of the right-of-way P,O.b. WCNT OF WAY t TO BE ABANDONED 42,28B.k SQPT. ? \ PARCEL A W 918 BK 808 PPAARCFJ. MAPS PG 57I ??a 1 B. Pursuant to Chapters 8.12 and 8.120, Title 8 of the City of Dublin Municipal Code, the Dublin Zoning Map is amended to zone the following area as Light Industrial (M-1) Zoning District: The easternmost portion of the vacated right-of-way of Scarlett Court (1.12 acres). Page 2 of 3 A map of the rezoning area is shown below: n n w? v \ \ , a?q oil w 5 $ min ? ow as CL \ '? b \ _ -° ? - o a¢ a 00 I I w o -Tc` v ? o F3 r n J? hC Ntl' te \ \ O - - -.ianoo --f si =v ua-mos ? ..di M.v4,: t.08 ? LS 54Z°l ,l? 8L l='] ,? Easternmost portion of the right-of-way 089 31VISU31N Section 3. The use, development, improvement, and maintenance of the Project area shall be governed by the provisions of the Light Industrial (M-1) Zoning District of the Dublin Zoning Ordinance. Section 4. EFFECTIVE DATE AND POSTING OF ORDINANCE 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 day of 2010 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:IPA#120091PA 09-042 ScarlettCt GPAIPC 1-12-101CC Ordinance for Zoning. DOC Page 3 of 3