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Home My WebLink About8.1 Attch 5 Exh A CC Ord Appr PD Rez & Stg 1&2 Dev Plan ORDINANCE NO. XX -10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DU$LIN APPROVING A PD-PLANNED DEVELOPMENT REZONE AND A RELATED STAGE 1/STAGE 2 DEVELOPMENT PLAN FOR THE SIERRA TRINITY BUSINESS PARK LOCATED AT 6701 SIERRA COURT (APN 941-0205-001-46) PLPA 2010-00023 THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: Section 1. RECITALS A. This Ordinance rezones the subject property located at 6701 Sierra Court from PD, Planned Development (PA 85-71) to PD, Planned Development (PLPA 2010-00023). Section 2. FINDINGS AND DETERMINATIONS A. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as follows: 1. The Sierra Trinity P/anned Development Zoning including a Stage 1/Stage 2 Development Plan, meets the purpose and intent of Chapter 8.32 because: it allows for an expansion of uses for the existing development which are compatible with the allowable uses for the surrounding properties and with the design of the site and creates a desirable use of land that is sensitive to surrounding land uses because the proposed uses in the Planned Development are consistent with the permitted and conditional uses for the surrounding properties which are zoned M-1, Light Industrial. 2. The PD rezone for Sierra Trinity will be harmonious and compatible with existing and potential development in the surrounding area in that: 1) the proposed uses are consistent with the M-P, Industrial Park Zoning District and therefore enhance the use of the existing site which is developed with office and industrial tenant suites; 2) the permitted and conditionally permitted uses are consistent with the surrounding area which is zoned, M-1, Light Industrial; and 3) no modifications are proposed to the existing site. B. Pursuant to Section 8.120.050.A and B of the Dublin Municipal Code, the City Council finds as follows: 1. The PD Rezone with Stage 1/Stage 2 Development Plan for the Sierra Trinity Business Park will be harmonious and compatible with existing and potential development in the surrounding area in that: 1) the proposed uses enhance the use of the existing site which is developed with Office and Industrial tenant suites; 2) the permitted and conditionally permitted uses are consistent with the surrounding area which is zoned, M-1, Light Industrial; and 3) no modifications are proposed to the existing site. Page 1 of 5 Exhibit A 2. The project site is physically suitable for the type and intensity of the zoning district being proposed because: 1) the Planned Development Rezone will expand the permitted and conditionally permitted uses on the site; 2) the expanded uses will provide an economic stimulus to the site in that the existing site is developed with a variety of office and industrial tenant suites and the existing Planned Development is overly restrictive and limits the types of uses that may locate on the site; 3) the proposed PD Rezone is compatible with the surrounding area which is currently developed and is zoned M-1, Light Industrial which allows for a variety of industrial uses; 4) the proposed Planned Development is consistent with the existing General Plan land use designation of Business Park/Industrial; and 5) the site is currently has a variety of Industrial and Office uses, and is therefore physically suitable for the type and intensity of the proposed Planned Development Zoning district. 3. The PD rezoning with Stage 1/Stage 2 Development Plan 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 Rezone will allow uses which are consistent with the permitted and conditionally permitted uses for the surrounding properties. 4. The PD rezoning with Stage 1/Stage 2 Development Plan is consistent with the Dublin General Plan because: the proposed uses are consistent with the General Plan Land use designation of Business Park/Industrial in that the PD Rezone will allow uses that are non-retail and will not generate nuisances to the surrounding area. C. Pursuant to the California Environmental Quality Act (CEQA), on , the City Council found that the Project is exempt from CEQA pursuant to Section 15601(b)(3) in that the Project is a Planned Development Rezone for a property which is currently developed with uses that are similar to that which will be permitted in the PD Rezone. Additionally, the site is located in an urbanized area and is surrounded by developed properties which allow uses similar to the uses that will be permitted under the PD Rezone and is consistent with the General Plan Land use designation of Business Park/Industrial. The Project is located on a site that has no value as habitat for endangered, rare or threatened species, will not result in any significant effects relating to traffic, noise, air quality or water quality, and can be adequately served by all required utilities and public services; and Section 3. ZONING MAP AMENDMENT. Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code, the Dublin Zoning Map is amended to rezone the following property ("the Property") to a PD-Planned Development district: 13.86± gross acres within APN 941-0205-001-46 DOC 2000 345287 for PLPA-2010- 0~0023 A map of the rezoning area is shown below: Page2of5 , ~ ~ ~ ~ ~ ; i; y ~ ~u ~ u y ; i ~ ' y~ Sierra Trinity ~a,~~~, a.~ ~ I. i _ ~~I i~+~: < Development ~ ~ ~ irE~ i'~~ . ~ ~ F,-, Il~i ~~J ~ I u sV°`~~ > , ffi ~ ~ ~ ~%~!I i *u 'I5' i ;~i ~ : ~~t i y4d~ lV~ , , i~'~ ~ ° ~i?~~ ` ~~f g `„f , di . a,_~'_= . . , „ Section 4. STAGE 1/STAGE 2 DEVELOPMENT PLAN The regulations for the use, development, improvement, and maintenance of the subject property are set forth in the following Stage 1/Stage 2 Development Plan, which is hereby approved. Any amendments to the Stage 1/Stage 2 Development Plan shall be in accordance with Section 8.32.080 of the Dublin Municipal Code. 1. Statement of uses. Intent. Industrial Park land use designations are established to: a) reserve appropriately located areas for non-retail uses that do not involve heavy trucking or generate nuisances due to emissions, noise or open uses. Permitted Uses Permitted Uses shall be the same as the uses identified in Section 8.12.050 of the Dublin Zoning Ordinance for the M-P, Industrial Fark Zoning District. Conditional Uses Conditional Uses shall be the same as the uses identified in Section 8.12.050 of the Dublin Zoning Ordinance for the M-P, Industrial Park Zoning District. The permit type and reviewing body for these conditional uses shall be the same as the reviewing body for the uses in the M-P, Industrial Park Zoning District listed in Chapter 8.12, Zoning District and Permitted Uses of Land, of the Zoning Ordinance. Page 3 of 5 Accessory Uses Accessory uses shali be the same as would be permitted in the M-P, Industrial Park Zoning District in accordance with Chapter 8.40, Accessory Structures and Uses Regulations of the Zoning Ordinance. Temporary Uses Please refer to Zoning Ordinance Chapter 8.108, Temporary Use Permit, for a list of permitted temporary uses and permit procedures. 2. Stage 1 and Stage 2 Site Plan. ~ , a= 'y , PD PLPA- 2010-00023 , 3. Site area, density, development regulations, architectural standards and landscaping. ' ~ The Planned Development shall be consistent with the regulations for the M-P, Industrial ! Park Zoning District and the regulations for the Business Park/Industrial General Plan land use designation. I 4. Statement of Consistency with General Plan. I, The PD rezoning and related Stage 1/Stage 2 Development Plan is consistent with the I~ General Plan land use designation of Business Park/Industrial. Section 5. The use, development, improvement, and maintenance of the Project area shall be governed by the provisions of the M-P, Industrial Park Zoning District and of the Dublin Zoning Ordinance except as provided in the Stage 1/Stage 2 Development Plan. Section 6. EFFECTIVE DATE AND POSTING OF ORDINANCE Page 4 of 5 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 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ? Mayor ATTEST: City Clerk G:IPA#120101PLPA-2010-00023 PD Rezone for SierraTrinifylPC 7-271CC Ordinance PD.DOC Page 5 of 5