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HomeMy WebLinkAboutPC Reso 13-25 Iron Horse Linear Park GPA & Conf to GP RESOLUTION NO. 13-25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL APPROVAL OF A GENERAL PLAN AMENDMENT FOR THE FUTURE IRON HORSE NATURE PARK AND OPEN SPACE PROJECT APNS 941-2768-006-02, 941-0190-001-01, 941-0190-001-05, 941-0191-095-00, 941-0205-001- 12, and 941-0205-001-63 (partial) AND FINDING THE RELATED ACQUISITION OF REAL PROPERTY IN CONFORMANCE WITH THE GENERAL PLAN PURSUANT TO GOVERNMENT CODE SECTION 65402 PLPA-2013-00044 WHEREAS, the City Council has entered into a Purchase and Sale Agreement to acquire approximately 12.13 acres of land from Union Pacific Railroad with the intent of developing a public park; and WHEREAS, Zone 7 Water Agency owns approximately 22.8 acres adjacent to the proposed future park site that may be restored for and enhanced for open space and stream corridor uses; and WHEREAS, the implementation of the future park project requires a General Plan Amendment to re-designate the proposed park site from having no General Plan land use designation to Parks/Public Recreation and to re-designate the Zone 7 parcels from having a split General Plan land use designation of Undesignated/Stream Corridor to Open Space/Stream Corridor; and WHEREAS, in accordance with the California Environmental Quality Act certain projects are required to be reviewed for environmental impacts and when applicable, environmental documents prepared; and WHEREAS, on September 10 2013, the Planning Commission adopted Resolution 12- 24, incorporated herein by reference, recommending that the City Council adopt a Mitigated Negative Declaration for the General Plan Amendment and related rezoning; and WHEREAS, in accordance with Government Code section 65402, the Planning Commission is required to report on conformity with the general plan for City acquisitions of real property for park purposes ; and WHEREAS, consistent with Government Code section 65352.3, the City notified the tribes identified by the Native American Heritage Commission of the opportunity to consult with the City on the proposed General Plan amendment. None of the contacted tribes requested a consultation within the 90-day statutory consultation period and no further action is required under section 65352.3; and WHEREAS, the Planning Commission held a properly noticed public hearing on the General Plan Amendment (and related rezoning) on September 10, 2013 at which time all interested parties had the opportunity to be heard; and WHEREAS, a Staff Report was submitted recommending that the Planning Commission adopt a resolution recommending that the City Council approve the General Plan Amendment; and NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this Resolution; and BE IT FURTHER RESOLVED that, in accordance with Government Code section 65402 the Planning Commission does find that the proposed acquisition of real property for park purposes is in conformance with the Dublin General Plan, as proposed to be amended. BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby recommend that the City Council adopt a Resolution approving a General Plan Amendment for the future Iron Horse Nature Park and Open Space Project, with the draft City Council Resolution attached as Exhibit A and incorporated herein by reference. PASSED, APPROVED AND ADOPTED this 10th day of September 2013 by the following vote: AYES: O'Keefe, Bhuthimethee, Goel, Kohli NOES: ABSENT: Do ABSTAIN: 4.13 PI g Commission Chair ATTEST:n ti As t C munity Development Director 2 of 2 RESOLUTION NO. XX - 13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A GENERAL PLAN AMENDMENT FOR THE FUTURE IRON HORSE NATURE PARK AND OPEN SPACE PROJECT APNS 941-2768-006-02, 941-0190-001-01, 941-0190-001-05, 941-0191-095-00, 941-0205-001-12, and 941-0205-001-63 (partial) PLPA-2013-00044 WHEREAS, the City Council has entered into a Purchase and Sale Agreement to acquire approximately 12.13 acres of land from Union Pacific Railroad with the intent of developing a public park; and WHEREAS, Zone 7 Water Agency owns approximately 22.8 acres adjacent to the proposed future park site that may be restored for and enhanced for open space and stream corridor uses; and WHEREAS, the implementation of the future park project requires a General Plan Amendment to re-designate the proposed park site from having no General Plan land use designation to Parks/Public Recreation and to re-designate the Zone 7 parcels from having a split General Plan land use designation of Undesignated/Stream Corridor to Open Space/Stream Corridor; and WHEREAS, in accordance with the California Environmental Quality Act certain projects are required to be reviewed for environmental impacts and when applicable, environmental documents prepared; and WHEREAS, on September 10 2013, the Planning Commission adopted Resolution 13- XX, incorporated herein by reference, recommending that the City Council adopt a Mitigated Negative Declaration for the General Plan Amendment and related rezoning; and WHEREAS, WHEREAS, consistent with Government Code section 65352.3, the City notified the tribes identified by the Native American Heritage Commission of the opportunity to consult with the City on the proposed General Plan amendment. None of the contacted tribes requested a consultation within the 90-day statutory consultation period and no further action is required under section 65352.3; and WHEREAS, on September 10, 2013, the Planning Commission held a properly noticed public hearing on the Project and adopted Resolution 13-xx recommending that the City Council approve a General Plan Amendment for the future Iron Horse Nature Park and Open Space Project, which resolution is incorporated herein by reference; and WHEREAS, on , 2013, the City Council held a properly noticed public hearing on the Project at which time all interested parties had the opportunity to be heard; and WHEREAS, a Staff Report dated , 2013 and incorporated herein by reference was submitted recommending that the City Council approve a General Plan Amendment for the future Iron Horse Nature Park and Open Space Project; and EXHIBIT A TO ATTACHMENT 3 WHEREAS, the City Council did review and consider the Mitigated Negative Declaration, all said reports, recommendations and testimony herein above set forth prior to taking action on the Project. 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 City of Dublin City Council does hereby approve the General Plan Amendment for the future Iron Horse Nature Park and Open Space Project, based on findings that the amendment is in the public interest and that the General Plan as so amended will remain internally consistent. The land use changes apply to the individual parcels as follows: Parcel No. Size Owner General Plan land use (acres) Current Proposed 941-2768-006-02 12.13 Union Undesignated Parks/Public Recreation Pacific 941-0190-001-01 3.97 Zone 7 Undesignated and Stream Corridor Open Space and Stream Corridor 941-0190-001-05 8.83 Zone 7 Undesignated and Stream Corridor Open Space and Stream Corridor 941-0191-095-00 1.99 Zone 7 Undesignated and Stream Corridor Open Space and Stream Corridor 941-0205-001-12 4.31 Zone 7 Undesignated and Stream Corridor Open Space and Stream Corridor 941-0205-001-63 3.72 Zone 7 Undesignated and Stream Corridor Open Space and Stream Corridor (partial) est. BE IT FURTHER RESOLVED that this Resolution shall take effect thirty days after the date of adoption. PASSED, APPROVED AND ADOPTED this day of 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:WM20131PLPA-2013-00044 Iron Horse Park GPAIPC Mtg 09.10.20130tt 3 Ex A CCReso GPA.doc