HomeMy WebLinkAboutOrd 09-10 Scarlett Ct. ZoningORDINANCE NO. 9 -10
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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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:
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 detrimenta/ 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.
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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 April 20, 2010, the City
Council found that the zoning action is Categorically Exempt from CEQA pursuant to
Section 15332, In-Fill Development.
D. On April 20, 2010, the City Council adopted Resolution No. 47-10 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:
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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:
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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 this 4th day of May, 2010 by the following vote:
AYES: Councilmembers Biddle, Hart, Scholz, and Mayor Sbranti
NOES: None
ABSENT: Councilmember Hildenbrand
ABSTAIN: None
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Mayor
ATTEST:
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City Clerk
Ord No. 9-10, Adopted 5-4-10, Item 4.8
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