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Home My WebLink About6.1 Modify Condition 47 The Villages t N AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 26, 1989 REPORT PREPARED BY: Rod Barger, Senior Planner SUBJECT: PA 89-041 Villages Planned Development Rezoning request to modify Condition #47 of the Planned Development approving the Villages (PA 85-041.1) . EXHIBITS ATTACHED: Exhibit A: Draft Ordinance amending Zoning Ordinance for PA 89-041. Attachment 1: City Council Resolution approving Planned Development Rezoning request for PA 89-041. RECOMMENDATION: 1. Open public hearing and hear Staff presentation. 2. Take testimony from Applicant and Public. ef 3. Question Staff, Applicant and the Public. 4. Close public hearing and deliberate. 5. Waive second reading and adopt Ordinance. FINANCIAL STATEMENT: It is estimated that the City would save $87,205 in costs associated with undergrounding utilities and paying for a right-turn lane southbound on Dougherty Road at Dublin Boulevard, if Condition #47 is modified. DESCRIPTION: On June 12, 1989, the City Council adopted a Resolution approving the Villages Planned Development rezoning request and introduced an Ordinance amending the Zoning Ordinance. The application involves a request from Rafanelli and Nahas to modify Condition of Approval #47 of the original PD approving the Villages (PA 85- 041.1, City Council Resolution #31-86) . The modification would (1) eliminate the cost of moving several power poles along Dougherty Road,, and (2) eliminate the requirement for payment of the cost of a new free right-turn lane southbound on Dougherty Road at Dublin Boulevard. In lieu of this work, the developer will install all underground conduit, pull boxes and structures for undergrounding the existing overhead lines as well as conduit and pull boxes for street lights. In the future, the City would pay for pulling wires and installing equipment for the underground utility system as well as removing the wood poles, thereby opening up the second southbound lane of traffic on Dougherty Road. This would result in a $87,205 savings to the City. Staff recommends that the City Council waive the second reading and adopt the Ordinance (Exhibit A) . , COPIES TO: Applicant /; Owner ITEM NO. (_. 4_) PA 89-041 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DUBLIN AMENDING THE ZONING ORDINANCE TO PERMIT THE PLANNED DEVELOPMENT REZONING MODIFICATION TO CONDITION #47 OF PA 85-041.1 (CITY COUNCIL RESOLUTION NO. 31-86) FOR THE VILLAGES AT ALAMO CREEK - RAFANELLI AND NAHAS REAL ESTATE DEVELOPMENT The City Council of the City of Dublin does ordain as follows: Section 1: Chapter 2 of Title 8 of the Dublin Ordinance code, specifically Condition of Approval #47 of City Council Resolution No. 31-86 (PA 85-041.1 the Planned Development approving the Villages at Alamo Creek) is hereby amended as follows: Condition #47. The developer shall be responsible for installing the underground duct work, vaults, and accessory structures (excluding conductors, transformers, switches or other electrical equipment) as required for the future undergrounding of the P.G.&E. overhead wires on Dougherty Road in the area of the street improvements provided for under Condition #53. Developer shall provide duct work and pull boxes for future street lights, but no bases or poles. Upon completion of duct work and street improvements, as provided under Condition #53, all facilities shall be conveyed to the City for use in future undergrounding of wires. Section 2 This Ordinance shall take effect and be enforced thirty (30) days from and after its passage. Before the expiration of fifteen (15) days after its passage, it shall be published once, with the names of the Council members voting for and against the same, in The Herald, a newspaper published in Alameda County and available in the City of Dublin. PASSED AND ADOPTED BY THE City Council of the City of Dublin, on this 12th day of June, 1989, by the following votes: AYES: NOES: ABSENT: Mayor ATTEST: City Clerk lAt 'i'v.,ivi.;1447:v, RESOLUTION NO. 70 - 89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AND ESTABLISHING FINDINGS AND GENERAL PROVISIONS FOR THE APPROVAL OF PA 89-041., VILLAGES AT ALAMO CREEK PLANNED DEVELOPMENT REZONING REQUEST TO MODIFY CONDITION #47 OF PA 85-041.1 (CITY COUNCIL RESOLUTION NO. 31-86) WHEREAS, Ronald Nahas of Rafanelli & Nahas filed an application for a Planned Development Rezoning request to allow modifications to Condition #47 of PA 85-041.1 (City Council Resolution No. 31-86) , the Planned Development approving the Villages at Alamo Creek project; and WHEREAS, the Planning Commission held a public hearing on May 15, 1989 on said application at which time the Planning Commission adopted Resolution No. 89-022, recommending approval of the PD, Planned Development Rezoning request for PA 89-041; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and has been found to be Categorically Exempt; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Staff Report was submitted recommending, that the City Council conditionally approve modifications to Condition #47 of PA 85-041.1 (City Council Resolution No. 31-86) ; and WHEREAS, the City Council heared and considered all said reports, recommendations and testimony hereinabove set forth; and WHEREAS, the modifications will not have a substantial adverse affect on. health or safety or be substantially detrimental to the public welfare or be injurious to property or public improvements. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby find that: 1. This approval allows modifications to Condition #47 of PA 85-041.1 (City Council Resolution No. 31-86) as follows: Condition #47. The developer shall be responsible for installing the underground duct work, vaults, and accessory structures (excluding conductors,: transformers, switches or other electrical equipment) as required for the. future undergrounding of the P.G.&E. overhead wires on Dougherty Road in the area of the street improvements provided for under Condition #53. - Developer. shall provide duct work and pull boxes for future street lights, but no bases or poles. Upon completion of duct work and street improvements, as provided under Condition #53, all facilities shall be conveyed to the City for use in , future undergrounding of wires. -1- N• ; ' c 2. This permit shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. PASSED, APPROVED AND ADOPTED this 12th day of June, 1989. AYES: Councilmembers Hegarty, Jeffery, Snyder, Vonheeder and Mayor Moffatt NOES: None ABSENT: None Mayor City Clerk -2-