HomeMy WebLinkAbout8.1 Attch 06 Exh A CC Ord for ZOA ORDINANCE NO. xx — 13
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING ZONING ORDINANCE AMENDMENTS TO CREATE A NEW CHAPTER: 8.31
(DUBLIN CROSSING ZONING DISTRICT), REZONE ALL PROPERTIES WITHIN THE
DUBLIN CROSSING SPECIFIC PLAN PROJECT AREA TO THE DUBLIN CROSSING
ZONING DISTRICT, AMEND THE ZONING MAP TO IDENTIFY THE LOCATION OF THE
NEW ZONING DISTRICT, AMEND ZONING ORDINANCE
CHAPTER 8.12 (ZONING DISTRICTS AND PERMITTED USES), AND
AMEND CHAPTER 8.104 (SITE DEVELOPMENT REVIEW)
PA 08-049
WHEREAS, the City has processed a Planning Application to enable private
development on approximately 189 acres of property that is currently part of Camp Parks
Reserve Forces Training Area. The proposal includes the approval of the Dublin Crossing
Specific Plan, General Plan Amendments, Zoning Ordinance Amendments, Rezoning properties
to a new Dublin Crossing Zoning District, and consideration of a Development Agreement and
certification of an Environmental Impact Report, among other related actions. These planning
and implementing actions are collectively known as the "Dublin Crossing Specific Plan Project"
or the "Project"; and
WHEREAS, the Dublin Crossing Specific Plan requires that certain amendments be
made to the Zoning Ordinance and Zoning Map to assist in the implementation of the Dublin
Crossing Specific Plan and related General Plan Amendments; and
WHEREAS, on , 2013, the City Council adopted Resolution XX-13
certifying the Dublin Crossing Specific Plan Final EIR and adopting CEQA findings, a Statement
of Overriding Considerations, and Mitigation Monitoring and Reporting Program for the Project
prior to adopting this Ordinance; and; and
WHEREAS, the Dublin Crossing Specific Plan and related General Plan Amendments
were adopted by City Council on , 2013 via Resolution xx-xx; and
WHEREAS, an implementing action of the Dublin Crossing Specific Plan is to create a
new Dublin Crossing Zoning District (Chapter 8.31) that will apply to all of the property identified
in Figure 1-2 of the Dublin Crossing Specific Plan. The new zoning district identifies permitted,
conditionally permitted, and prohibited uses as well as development standards for properties
within the project area; and
WHEREAS, the Dublin Zoning Map is amended to include the location of the new Dublin
Crossing Zoning District that will include all property identified in Figure 1-2 of the Dublin
Crossing Specific Plan; and
WHEREAS, all property identified in Figure 1-2 of the Dublin Crossing Specific Plan shall
be rezoned from their existing zoning district to Dublin Crossing Zoning District; and
WHEREAS, Staff has identified additional amendments to the Dublin Zoning Ordinance
(Chapters 8.12 (Zoning Districts and Permitted Uses of Land) and 8.104 (Site Development
Review) that will further implement the Dublin Crossing Specific Plan; and
EXHIBIT A TO
ATTACHMENT 6
WHEREAS, the text amendments to Chapters 8.12 and 8.104 and the text of the new
zoning district (Chapter 8.31) are shown in Sections 3 through Section 5 of this Ordinance; and
WHEREAS, the Planning Commission did hold a properly noticed public hearing on the
Project on , 2013 and adopted Resolution 13-xx recommending that the City
Council approve amendments to Title 8 (Zoning Ordinance) of the Municipal Code and the
Zoning Map set forth in this Ordinance; and
WHEREAS, a properly noticed public hearing was held by the City Council on
, 2013; and
WHEREAS, a Staff Report was submitted recommending that the City Council approve
the Project, including the Zoning Ordinance Amendments and Zoning Map Amendment; and
WHEREAS, pursuant to section 8.120.050.6 of the Dublin Municipal Code, the City
Council finds that the Zoning Ordinance Amendments and Zoning Map Amendment are
consistent with the Dublin General Plan, as amended, and the Dublin Crossing Specific Plan
adopted by Resolution No. xx-xx in that the proposed Zoning Amendment creates a new zoning
district that identifies the allowable uses and development standards stated in the Specific Plan
as the zoning standards for the district; and
WHEREAS, Zoning Ordinance Chapter 8.31, and the other related Zoning Ordinance
Amendments identified in this Ordinance, are consistent with the Specific Plan, and the Specific
Plan is consistent with the General Plan in that the City Council adopted Resolution No. xx-xx,
finding that the development envisioned by the Dublin Crossing Specific Plan is consistent with
the guiding and implementing policies of the General Plan in each of the Elements; and
WHEREAS, pursuant to section 8.120.050A of the Dublin Municipal Code, the City
Council makes the following findings for the Zoning Ordinance Amendments and Zoning Map
Amendment: (1) the proposed Amendments would be harmonious and compatible with existing
and potential development in surrounding areas because the allowable land uses, development
standards, and design guidelines identified in the Dublin Crossing Zoning District reflect uses,
designs, and densities that are already found in the project vicinity; (2) the Project site is
physically suitable for the type, intensity of the zoning district being proposed because it is flat,
easily accessible, served by existing utilities, within the City's existing circulation network, and in
close proximity to transit facilities; and (3) the proposed Amendments 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 Dublin Crossing Zoning District, and the Dublin Crossing
Specific Plan, contains development standards and design guidelines specifically created to
ensure that new development will be an enhancement, not detriment, to the community; and
WHEREAS, the City Council did hear and use its independent judgment and consider the
FEIR, all said reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows:
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Section 1: California Environmental Quality Act
Compliance with California Environmental Quality Act ("CEQA"): In compliance with
CEQA, the City Council certified a Final EIR for the Project, including the zoning actions, and
adopting CEQA findings, a Statement of Overriding Considerations, and Mitigation Monitoring
and Reporting Program for the Project on 2013, via Resolution xx-xxx prior
to adopting this Ordinance.
Section 2: Zoning Map Amendment
Pursuant to Chapter 8.102, Title 8 of the City of Dublin Municipal Code, the Dublin Zoning Map
is amended to include a new zoning district: Dublin Crossing Zoning District. In approving this
Ordinance, the Dublin City Council does rezone the following project area ("the Property") to the
Dublin Crossing Zoning District:
Approximately 189 acres bound generally by 5th Street to the north, Scarlett Drive to
the west, Dublin Boulevard to the south, and Arnold Road to the east. APNs 986-
0001-001-15 (partial), 986-0034-002-00, and 986-0034-006-00
The project area that will be changed to the Dublin Crossing Zoning District is shown below:
DUBLIN ZONING MAP as amended through November 19, 2013
E,
II'
I
Ilia
DUBLIN CROSSING h
ZONING DISTRICT �-
d
Gen eral Resi den fiat Cawmasc W Industrial
DUBLIN
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015
n a..
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Section 3:
New Chapter 8.31 (Dublin Crossing Zoning District) is added to Title 8 of the Dublin Municipal
Code to read as follows:
CHAPTER 8.31 DUBLIN CROSSING ZONING DISTRICT
8.31.010 Purpose. The purpose of this Chapter is to establish a zoning district to
implement the Dublin Crossing Specific Plan and to ensure that all development in
the Dublin Crossing Specific Plan area is reviewed for substantial compliance with
the Dublin Crossing Specific Plan.
8.31.020 Dublin Crossing Specific Plan. The Dublin Crossing Specific Plan, adopted by
the City Council on xxx by Resolution xx-xx, and as may be amended thereafter,
shall be used to guide the review of all applications in the Dublin Crossing Zoning
District. The Dublin Crossing Specific Plan contains all information regarding
permitted, conditionally permitted, and prohibited uses, development standards,
and design guidelines to direct the development and use of properties within the
Specific Plan area. All new development in the Dublin Crossing Zoning District
shall be reviewed for consistency with the Dublin Crossing Specific Plan.
8.31.030 Applicability.
A. Zoning District. The Dublin Crossing Zoning District applies to all properties
within the Dublin Crossing Specific Plan area boundary as shown on the Dublin
Zoning Map.
B. Relation to Previous Zoning District. All uses and structures within the Dublin
Crossing Zoning District that were previously subject to the uses, standards and
other regulations set forth in the Agricultural (A) Zoning District, existing as of the
adoption date of this ordinance, may continue to remain in accordance with
Chapter 8.140 (Non-Conforming Structures and Uses).
8.31.040 Site Development Review. Site Development Review is required for all
development in the Dublin Crossing Zoning District.
A. Application. The Applicant shall submit a complete Site Development Review
application pursuant to Chapter 8.104 (Site Development Review) and Chapter
8.124 (Applications, Fees and Deposits), accompanied by a fee and such
materials as required by the Director of Community Development.
B. Findings. To approve a Site Development Review application in the Dublin
Crossing Specific Plan area, the following findings (in lieu of the findings listed in
Chapter 8.104) must be made and shall be supported by substantial evidence in
the public record:
1. The proposed development is in substantial compliance with all applicable
aspects of the Dublin Crossing Specific Plan and is consistent with the
applicable design guidelines and development standards contained therein;
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2. The proposed development is in compliance with the Dublin Crossing
Infrastructure Master Plan; and
3. Approval of the proposed development will not result in a new, significant
unmitigated environmental impacts nor a significant increase in impacts
previously identified in the Dublin Crossing Specific Plan Environmental Impact
Report.
If one or more of the above findings cannot be made, such decision must be
supported by substantial evidence in the record, and the Site Development Review
application shall be denied.
8.31.050 Permitted Uses. Permitted, conditionally permitted, and prohibited uses are as
specified per district in the Dublin Crossing Specific Plan in Section 2.7. For any
substantially similar uses not listed in the Dublin Crossing Specific Plan, their
permissibility shall be determined by the Community Development Director.
8.31.060 Development Standards. The development standards for the Dublin Crossing
Zoning District are as contained in 2.6 of the Dublin Crossing Specific Plan.
8.31.070 Relation to Zoning Ordinance. Except as provided in Sections 2.6 and 2.7 of the
Dublin Crossing Specific Plan, all development in the Dublin Crossing Zoning
District shall be subject to the zoning regulations of the closest comparable zoning
district, as determined by the Director of Community Development, and the
regulations of the Zoning Ordinance where the Specific Plan and the provisions of
the Dublin Crossing Zoning District are silent. In the event of conflict between
other zoning provisions and the Specific Plan, the Specific Plan provisions shall
control.
Section 4:
Section 8.12.050 of Chapter 8.12 (Zoning Districts and Permitted Uses of Land) of Title 8 of the
Dublin Municipal Code is amended to read as follows. All other sections of Chapter 8.12 remain
unchanged and in full effect.
8.12.050 Permitted and Conditionally Permitted Land Uses.
The following "Land Use Matrix" lists the permitted and conditionally permitted Use Types, as
defined in Chapter 8.08, Definitions, in each Zoning District, and the decision making-authority.
Uses in the Downtown Dublin Zoning District are set forth in Chapter 8.30 (Downtown Dublin
Zoning District) of the Zoning Ordinance. Uses in the Dublin Crossing Zoning District are set
forth in Chapter 8.31 (Dublin Crossing Zoning District) of the Zoning Ordinance.
(No changes made to the Land Use Matrix itself, so it is not reprinted here)
Section 5:
Section 8.104.040 of Chapter 8.104 (Site Development Review) of Title 8 of the Dublin
Municipal Code is amended to modify Section 8.104.040.H and add a new Section 8.104.040.1
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as follows. All other sections of Chapter 8.104 remain unchanged and in full effect. Note that
the new Section 8.104.0401 contains the same language as existing Section 8.104.040H
H. Dublin Crossing Zoning District. All improvements within the Dublin Crossing Zoning
District shall be reviewed in accordance with and subject to Chapter 8.31, Dublin Crossing
Zoning District.
I. All Other Improvements. All other improvements to structures or a site, which are not
otherwise mentioned in this Chapter, shall be subject to a Site Development Review Waiver or
Site Development Review, as determined by the Community Development Director.
Section 6:
Severability. In the event any section or portion of this ordinance shall be determined invalid or
unconstitutional, such section or portion shall be deemed severable and all other sections or
portions hereof shall remain in full force and effect.
Section 7:
Savings Clause. All code provisions, ordinances, and parts of ordinances in conflict with the
provisions of this chapter are repealed. The provisions of this chapter, insofar as they are
substantially the same as existing code provisions relating to the same subject matter shall be
construed as restatements and continuations thereof and not as new enactments. With respect,
however, to violations, rights accrued, liabilities accrued, or appeals taken, prior to the effective
date of this ordinance, under any chapter, ordinance, or part of an ordinance shall be deemed to
remain in full force for the purpose of sustaining any proper suit, action, or other proceedings,
with respect to any such violation, right, liability or appeal.
Section 8:
This Ordinance shall take effect and be in force thirty (30) days from and after the date of its
final adoption. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at
least three (3) public places in the City of Dublin in accordance with Section 39633 of the
Government Code of California.
PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this
day of 2013, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
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Mayor
ATTEST:
City Clerk
G:IPA#12007107-036 Downtown Dublin Specific PlanIPC 12.14.20101DDSP ZOAs.doc
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