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HomeMy WebLinkAboutReso 093-03 VCC Rezoning Stg1&2 RESOLUTION NO. 93 - 03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN A RESOLUTION MAKING FINDINGS RELATED TO A PLANNED DEVELOPMENT (PD) STAGE 1 AND STAGE 2 REZONING AND DEVELOPMENT PLAN, FOR APPROXIMATELY 49.7 ACRES OF THE VALLEY CHRISTIAN CENTER LOCATED AT 7500 INSPIRATION DRIVE WHEREAS, the Applicant, the Valley Christian Center, has requested approval of a Planned Development Rezoning and Development Plan to construct approximately 22 multi-family dwelling units; an additional 187,000 square feet to an existing 118,300 square foot religious and related school facility; and, a Conditional Use Permit for two new temporary modular units for administrative office use; an electronic readerboard sign; and the continued use of two temporary modular classroom units on an interim basis until the permanent construction of buildings is completed. WHEREAS, the proposed project area is located within the westerly portion of Dublin and contains approximately 51 acres of land. The site lies north of the 1-580 freeway and Dublin Boulevard and west of the terminus of Betlen Drive at 7500 Inspiration Drive in the western hillside area within the A Agricultural Zoning District; and WHEREAS, a complete application for the above Project is available and on file in the Community Development Department; and WHEREAS, a Conditional Use Permit for two new temporary modular units for administrative office use; an electronic readerboard sign; and the continued use of two temporary modular classroom units on an interim basis until the permanent construction of buildings is completed, was approved by the Planning Commission on April 22, 2003, but is not effective fintil approval of the Planned Development (PD) Rezoning and Development Plan; and WHEREAS, a Tentative Tract Map to divide the property into three separate parcels was approved by the Planning Commission on April 22, 2003, but is not effective until approval of the Planned Development (PD) Rezoning and Development Plan; and WHEREAS, a Planned Development (PD) Stage 1 Rezoning and Development Plan are requested for approximately 1.4 acres of the site located at the northwest corner of Dublin Boulevard and Inspiration Drive to accommodate the 22 dwelling unit residential component of the proposed project. No specific design has yet been proposed for the residential component of the project; and WHEREAS, a Planned Development (PD) Stage 1 Rezoning and Development Plan is requested for approximately 12.7 acres of the site located adjacent to Inspiration Drive to maintain as a Future Study/Development Area, with a portion preserved under a Conservation or Open Space Easement. No development has been proposed for this component of the project; and WHEREAS, a Planned Development (PD) Stage 1 and 2 Rezoning and Development Plan are requested for approximately 37 acres of the Valley Christian Center property to construct approximately 187,000 additional square feet in an existing religious and school complex/center; and WItEREAS, the Ordinance amending the Zoning Map to rezone the property and approve the related Stage 1 and 2 Development Plan for the Valley Christian Center project is included in Attachment 3 to the Staff report for the project included in the City Council agenda; and WHEREAS, proper notice of the public hearing was given in all respects as required by law; and WHEREAS, the project has been reviewed in accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the City of Dublin Environmental Guidelines. A Final Environmental Impact Report has been prepared in accordance with the provisions of CEQA, the State CEQA Guidelines and the City of Dublin Environmental Guidelines, under Section 15122 and Section 15132, and all potential significant impacts have been mitigated through design of the project and the Conditions of Approval for the Tentative Tract Map approved by the Planning Commission on April 22, 2003, and the standards and regulations contained in the Ordinance for the Planned Development Rezoning, incorporated herein by reference. Therefore, there is no potential for significant environmental effects to occur as a result of the project; and WHEREAS, the Planning Commission did hold a public hearing on the project on April 22, 2003 on the General Plan Amendment and Planned Development (PD) Rezoning and Development Plan, and recommended approval of the project to the City Council; and WHEREAS, City staff prepared a report describing and analyzing the proposed Plan Development Rezoning and Development Plan, and Draft and Final EIK responding to comments received during the public review period, which report was presented to the City Council at a duly noticed public hearing on May 20, 2003, at which time all interested parties had the opportunity to comment on the project; and WHEREAS, the City Council did hear and consider all such reports, recommendations, and testimony, and the Draft and Final Environmental Impact Report, hereinabove set forth and supports the Planned Development (PD) Rezoning and Stage 1 and 2 Development Plan; and WHEREAS, the City Council has determined that it is not appropriate to approve a Planned Development (PD) Rezoning and stage 1 Development Plan and related General plan Amendment at this time because of environmental concerns and adverse impacts of this component of the application, as discussed in the Project EIR; and NOW, THEREFORE, BE IT RESOLVED THAT the foregoing recitals are true and correct and made a part of this resolution. BE IT FURTHER RESOLVED that the Dublin City does hereby find as follows regarding approval of the Planned Development Rezoning and Stage 1 and 2 Development Plan for PA 00-017: 1. The proposed Planned Development (PD) Rezoning and Development Plan is consistent with the general provisions, intent, and purpose of the PD Zoning District of the Zoning Ordinance in that it contains all information required by Section 8.32 of the Zoning Ordinance for a Stage 1 and Stage 2 Development Plan and accomplishes the objectives of Section 8.32.010, A through H, of the Zoning Ordinance; and 2. The proposed Planned Development (PD) Rezoning and Development Plan meets the intent, and purpose of the PD Zoning District of the Zoning Ordinance in that provides a comprehensive Master Plan/Development Plan which will create a desirable use of the land and an environment that will be sensitive to surrounding land uses by virtue of the layout and design of the site; and 3. The approval of the proposed Planned Development (PD) Rezoning and Development Plan project, as conditioned and regulated, complies with the Dublin General Plan, the PD Planned Development and Civic Use regulations of the Zoning Ordinance, and the general requirements established in the Dublin Zoning Ordinance for similar uses; and 4. The proposed Planned Development (PD) Rezoning and Development Plan for PA 00-017 are compatible with other land uses (i.e. residential and open space) and transportation and service facilities in the vicinity because the proposed Valley Christian Center will accommodate the future growth of the church and the related private school campus, and provide necessary semi-public facilities for use by the community and residents of Dublin; and 5. The proposed Planned Development (PD) Rezoning and Development Plan will not adversely affect or be detrimental to the public health, safety and welfare of persons residing or working in the vicinity because all potential environmental impacts associated with the project have been mitigated through design of the project or through applications of Conditions of Approval of the related Conditional Use Permit and Tentative Tract Map, and the standards and regulations contained in the proposed Ordinance. 6. The proposed Planned Development (PD) Rezoning will not be injurious to property or improvements in the neighborhood because features have been incorporated into the project and the project is conditioned to comply with all Building and Fire Department requirements, Planning and Public Works Department requirements regarding hazardous materials usage and storage, pesticide and herbicide usage, on- and off-site traffic circulation, street improvements, and on- and off-site drainage improvements. 7. The Planned Development (PD) Rezoning will provide efficient use of land and will preserve an area of open space and undisturbed hillside along Inspiration Drive on the property close to residences; will be compatible with and enhance the general development of the area; and will create an attractive, efficient and safe environment. 8. The proposed Planned Development (PD) Rezoning and Development Plan will not overburden public services as all agencies must commit to the availability of public services prior to the issuance of building permits as required by City laws and regulations; and there are adequate provisions for public access, water, sanitation, and public utilities and services to the site incorporated into the project to ensure that the proposed use and related structures would not be detrimental to the public health, safety, and welfare. 9. The proposed Planned Development (PD) Rezoning and Development Plan for the subject site is appropriate as the site is physically suitable for the type, density and intensity of the use and related structures being proposed because the project is located on land which had been previously developed, graded and improved within an urbanized area and located adjacent to existing low and medium density residential uses. 10. The proposed Planned Development (PD) Rezoning and Development Plan is consistent with the specific intent clauses, development regulations, and performance standards established for the PD Planned Development and Civic Use types such as Community Facilities as addressed in the City' s Zoning Ordinance because the conditions of approval for the Tentative Parcel Map, Conditional Use Permit and Site Development Review for PA 00-017 are required to insure that the facility use, which will be supportive of surrounding residential uses and residents of the Dublin community through the provision of religious and school services for adjacent and nearby residents in the surrounding area, will be compatible with those uses. 11. The Planned Development (PD) District Rezoning and Development Plan will benefit the public necessity, convenience, and general welfare; and 12. The adopted Valley Christian Center EIR Mitigation Monitoring Program applies to the Planned Development (PD) Rezoning and Development Plan as the reporting and monitoring program required by Public Resources Code 21081.6. PASSED AND ADOPTED BY the City Council of the City of Dublin on this 20th day of May 2003, by the following votes: AYES: Councilmembers McCormick, Oravetz, Sbranti and Zika, and Mayor Lockhart NOES: None ABSENT: None ABSTAIN: None ~ , // ; Mayor Deputy C]t~ Clerk G:\CC-MTGS~2003-qtr2LMay\5-20-03h:eso-vvc PDfindings.doc (Item 6.2) G\:paL2000\00-017~CC PDfindings Reso