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HomeMy WebLinkAboutItem 4.08 Scarlett Ct GPA & ZoningG~~~ OF ~U8~2 ~ ~9\~;~~Z STAFF REPORT C I T Y C L E R K `~ ~, ~ DUBLIN CITY COUNCIL File # ^~]0~-0~ ~LIFOR~ DATE: May 4, 2010 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJE : CONSENT - PA 09-042 General Plan Amendment and Zoning of the westernmost and easternmost portions of the vacated right-of-way of Scarlett Court. (Legislative) Prepared By: Erica Fraser, Senior Planner EXECUTIVE SUMMARY: Second reading of an Ordinance which would amend the Zoning Map to establish the Light Industrial (M-1) Zoning District as the zoning designation for these areas. FINANCIAL IMPACT: None. RECOMMENDATION: Staff recommends that the City Council: 1) Waive the reading and Adopt an Ordinance Zoning the westernmost and easternmost portions of the vacated right-of-way of Scarlett Court as Light Industrial (M-1). ubmitted By: Community Development Director Page 1 of 2 ITEM NO. ~•~ DESCRIPTION: On April 20, 2010, the City Council adopted a Resolution amending the General Plan to designate the westernmost and easternmost portions of the right-of-way of Scarlett Court as Business Park/Industrial and Outdoor Storage. The City Council also waived the reading and introduced an Ordinance Zoning these portions of Scarlett Court as Light Industrial (M-1) (Attachment 1). By zoning the westernmost and easternmost portions of Scarlett Court as Light Industrial (M-1), these areas will be compatible with the existing zoning designations of the surrounding properties. This will allow for the orderly development of these sites, in the future, with projects that are compatible with the surrounding area. For a background discussion and analysis of the Project, please refer to the April 20, 2010 Staff Report (Attachment 2). ENVIRONMENTAL REVIEW: The California Environmental Quality Act (CEQA), together with the State CEQA guidelines and City environmental regulations require that certain projects be reviewed for environmental impacts and when applicable, environmental documents prepared. Staff is recommending that the Project be found Gategorically Exempt from CEQA, pursuant to Section 15332, In-Fill Development, because the westernmost portion of Scarlett Court is .97 acres in size and the easternmost portion of Scarlett Court is 1.12 acres. Additionally, the vacated right-of-way of Scarlett Court is currently developed with a road and related improvements and is surrounded on all sides by development. ATTACHMENT: 1. Ordinance Zoning the westernmost and easternmost portions of the vacated right-of-way of Scarlett Court as Light Industrial (M- 1). 2. City Council Staff Report dated April 20, 2010 (without attachments). G:IPA#120091PA 09-042 Scarlett Ct GPAICC 5-4-101CCSR 5.4.10.doc Page 2 of 2 lp~d ORDINANCE NO. XX - 10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ************* ZONING THE WESTERNMOST AND EASTERNMOST PORTIONS OF THE VACATED RIGHT-OF-WAY OF SCARLETT COURT AS LIGHT INDUSTRIAL (M-1) PA 09-042 THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: Section 1. RECITALS A. This Ordinance establishes the Light Industrial (M-1) Zoning District for the westernmost and easternmost portions of the vacated right-of-way of Scarlett Court. Section 2. FINDINGS AND DETERMINATIONS A. Pursuant to Sections 8.120.050.A and 8.120.050.B of the Dublin Municipal Code, the City Council finds as follows: 1. The establishment of the Light Industrial (M-1) Zoning District for the vacated right-of- way of Scarlett Court is harmonious and compatible wifh existing development and potential development in the surrounding area because: 1) the zoning action will establish a zoning district of Light Industrial (M-1) which is consistent with the established zoning of the properties in the surrounding area; and 2) by zoning the property Light Industrial, the vacated right-of-way would be allowed to be developed in the future with project(s) that are compatible with the existing development in the surrounding area. 2. The vacated portions of the right-of-way of Scarlett Court are physically suitable for the type and intensity of the Light Industrial (M-1) Zoning District because: 1) development of the sites is anticipated to occur in the future, but is not a part of this application at this time; 2) the vacated right-of-way of Scarlett Court is currently developed with a public road and is surrounded by Light Industrial development and the existing BART Station and parking lot; 3) the sites are suitable for the future development of a light industrial use because the right-of-way is currently surrounded by existing development and light industrial uses; and 4) the sites are currently developed and are relatively flat, and is therefore physically suitable for the type and intensity of the proposed Light Industrial (M-1) Zoning District. 3. The proposed amendment will not adversely affect fhe health or safefy of persons residing or working in the vicinity or be detrimenta/ to the public health, safety and welfare because: future development will be required to conform to the perFormance standards and all zoning regulations applicable to the Light Industrial (M-1) Zoning District. ~ -4-1p ~}. ~ Page 1 of 3 ATTACHMENT 1 a~~ ~ 4. The zoning designation is consistent with the Dublin General Plan because: as amended, the Business Park/Industrial and Outdoor Storage land use designation of the sites is compatible with the Light Industrial Zoning District. C. Pursuant to the California Environmental Quality Act (CEQA), on April 20, 2010, the City Council found that the zoning action is Categorically Exempt from CEQA pursuant to Section 15332, In-Fill Development. D. On April 20, 2010, the City Council adopted Resolution No. -10 approving the companion General Plan Amendment for the Project, which resolution is incorporated herein by reference. Section 3. ZONING MAP AMENDMENT A. Pursuant to Chapters 8.12 and 8.120, Title 8 of the City of Dublin Municipal Code, the Dublin Zoning Map is amended to zone the following area as Light Industrial (M-1) Zoning District: The westernmost portion of the vacated right-of-way of Scarlett Court (.97 acres). A map of the rezoning area is shown below: AA~ ' ~ ~ / / QoJ~ ¢ ~,t~` ~ C b~~~' ,1 -N- , n ce ~I '~. ~~ tf~ f:-,`.?~ 0 f0o U 'i,\ L~'s~~ I u~ rar ~ i ~a . iao m ~oG \ ~ (~` \ ,~`.,~ ~ F'XFVhEF F~ ,.~ ! YA~ 9IQT Po eK ~ Westernmost --'- \ y P~~~b~ R~(~T OF WAY ~ • J~ TO BE ABANDONFA ~ 42,280t Sq.fT. ~ portion of the PARCEL A ryl B7C ~OA PARCEL MAPS PG 57I right-of-way FARCEL MAP 9189 / P 1 ...,\n .C' Y~ I y:. ? ~~ I -~ ~~ G ~ .~ sr .~! B. Pursuant to Chapters 8.12 and 8.120, Title 8 of the City of Dublin Municipal Code, the Dublin Zoning Map is amended to zone the following area as Light Industrial (M-1) Zoning District: The easternmost portion of the vacated right-of-way of Scarlett Court (1.12 acres). Page 2 of 3 ~~~ ~ A map of the rezoning area is shown below: ~~ ~ c n I W .~-- aa ~ _ __ ~ I . a .: iz I I w ~~ ~I ¢ I I,M ~~c ~I w~ I ~ q ~ ~ c' 4` Q..' ~ ~', J j O Zj aa a I z ~ l/=l ~ 1~ 1~f1D~ $ ~ - ~ U ~ U U \ \ \ ~ GZQ ~ ~ n ~m ~ ~~ W S ~ o J ~ \ ~/ _ ~o ~sv' ~ w \ a 0A~ \ _ _ ~ 4 \ j V ? ~ . c ~. V W ¢ ~v Q^ C ~ O 2 a ~ \ . `~'g ~ . y~ \ Zi ~ w ~ a :: o a o° ~ °:, ~p~ ~ ry ~ b~~ ~ \ ~ \ J ~~ ~ °i7 ' '~Z 3 9ro 9L60 N . ".w.,. \ ~60, dd \ ~ 88S 31V1Ski31t~N .~J~Z~=~ . `~" aa~° Easternmost portion of the right-of-way Section 3. The use, development, improvement, and maintenance of the Project area shall be governed by the provisions of the Light Industrial (M-1) Zoning District of the Dublin Zoning Ordinance. Section 4. EFFECTIVE DATE AND POSTING OF ORDINANCE 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 4th day of May 2010 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:IPA#120091PA 09-042 Scarlett Ct GPAIPC 1-12-101CC Ordinance for Zoning.DOC Page 3 of 3 ~ °r °~`~ 19~ ~} `82 ``~~~1 ~ ~~ ~ `~o ~ ~ STAFF REPORT DUBLIN CITY COUNCIL CITY CLERK File # ^0~~-~~ DATE: Aprii 20, 2010 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJECT: PUBLIC HEARING - PA 2009-00042 General Plan Amendment and Amendment to the Zoning Map of the westernmost and easternmost portions of the vacated right-of-way of Scarlett Court. Prepared By: Erica Fraser, Senior P/anner EXECUTIVE SUMMARY: A General Plan Amendment is proposed to designate the westernmost and easternmost portions of the vacated right-of-way of Scarlett Court as Business Park/Industrial and Outdoor Storage in the General Plan. Additionally, the City Council will consider an amendment to the Zoning Map to establish the Light Industrial (M-1) Zoning District as the zoning designation for these areas. FINANCIAL IMPACT: None. RECOMMENDATION: Staff recommends that the City Council: 1) Receive Staff presentation; 2) Receive comments from the public; 3) Adopt Resolution amending the General Plan to designate the westernmost and easternmost portions of the vacated right-of-way of Scarlett Court as Business Park/Industrial and Outdoor Storage PA 09-042; and 4) Waive the reading and introduce an Ordinance zoning the westernmost and easternmost portions of the vacated right-of-way of Scarlett Court as Light Industrial (M-1) PA 09-042. Submi e Community evelopment Director Reviewed By: Assistant City Manager ATTACHMENT 2 r Paqe 1 of 5 5~~ ~ DESCRIPTIt)N: Backgrc~und On October 6, 20~9, the City Counci! adopted Resolutians 138-0~ and 143-Q9 directing the Pianning Commissic~n tc~ report to the Gity Council on whether or nc~t the proposed vaca#ion of the westernmost and eastemmas# portions Qf Scarlett Caurt and the pc~tential sale of the westernmost portion would be consis#ent with ti~e General Plan (as shown in Figures 1 and 2). On October 13, ~OQ9, the Planning Commission adopted Resolutit~n 09-036 which declared that the proposed vacation and poten#ial sale were consisten# with the Ger~eral Plan. Figure 1: WesfiernmQSt Portic~n of Scariett CQUrt that was Vacated ,E'~~ ~,, ` f'`~ ~ ~;~'~" .1 ~~ ~ ~ f l ~ .~ . ~ HQnda "~~ ~ Qealership y~. se~ :.:. ~ ~ 4 , ~ ..., .. tt ~ii~r!y'~_. .~_n.'~ ~l. City's Future Gateway Feature ,yy~ ~~ d '` , , '°'~ ~1 ~j ~ '' ~aa+T t~ wnr ~ m ~ ~a~t€a ~ +2aedx sr~:~t. ~ PdRGt. ~59b5 9Y, ~ M,dK~kN?'fl lL S7 ~ ~ ~ z ~ , -, ~ ~: ~~~ ~ ~ '`a~ ~ ~ Figure 2: Easternmost Portion ofi Scarlett Court that was Vacated ~~ ~ I-580 R~ , ~ Paqe 2 of 5 Cp p~' ~ C?n Nov~mber 17, 2009, the City Council adopted Resc~lution 165-n9 vacating the westernmost portion of Scariett Court and Resolution 166-09 vaca#ing tl~e easternmast pc~rtion of Scarlett Court. The portions c~f Scarlet# Court that were vacated by fihe Ci#y Counci! are shown ir~ biue an the maps above. On December 15, 2009, the City Council approved Resolution 190-09 authorizing Staff to s#udy a G~neral Plan Amendment to de~ignate the easternmost and westernrnost portians of the vacated right-of-way af Scarlett Court in the General Pian. On January 12, 2010, the Planning Commission approved Resolu#ion 10-02 recommending that the City Council adopt a Resolution apprc~ving a General P1an Amendmen# designating the vrresternmos# and easternmost portinns o# the vacated right-of-way of Scarlett Caurt as Business Parkllndustria) ar~d flut~t~or Storage and Resc~lution 10-03 recommending that the Ci#y Council adopt an Ordinance Zaning these areas as Light Industrial. ANAL.YSIS: The fal(owing is a discussion of the proposed General Pian Amendment and Zt~ning Map Amendment for the westernmost and easternmost partions af the vacated ri~ht-nf-way of Scarlett Court, GeneraJ Plan Amendment The recently-vacated westernmast and easternmost portions of the right-of-way of Scarlett Court do not currently hav~ land t~se d~signations in the General Plan because they were roadways. The properties surrounding the vacated portians of the right-of-way ofi Scarlett Court are currently designated as Business Parkllndustrial and flutdoor Storage as shown c~n the figures below. Figure 3: Existing General Plan Lant! Us~ ~esigna#ic~ns near the Westernmost Portion of Scarlett Court P~~o ~ „f ~ t n~ ~ Figur+e 4: Existing G~neral Plan L.and Use Designations near the East~rnmost Portion of Scarlett Court Staff is recommending that the vacated portions of the right-of-way ofi Scarlett Court be designated as Busines~ Parkilndus#rial and Outdo~r Storage in #he General Plan so #hat these areas wil! be consisten# with the surrounding land use designations. The proposed Resolution (Attachment 1) would amend the General Plan. Zoning Map Amendm~nt The westernmc~st and easternrnost portions of Scarle#t Court do not have a~oning Designation because they were a part of the road~ay system. The Scarlett Court area has twfl Zaning Designations, with the Light Industrial (M-1} Zoning District being the most camman Zoning ~esignation in the area, as shown on the figures below. As shc~wn on the above map, the vacated portions o# the right-nfi-way on Scarlett Court are surrounded by pr~perties which are zoned Light Industrial. St~ff recommends that the vacated [7~rro A nf ~ Figure 5: Existing Zc~nin~ Design~tians in Scariett Court U ~~ ~ portions of Scarlett Court be zoned Light Industrial consistent with the surrounding Designations. The proposed Ordinance (Attachment 2) would provide that zoning. CONCLUSION: By designating the westernmost and easternmost portions of Scarlett Court as Business Park/Industrial and Outdoor Storage, these portions will be compatible with the General Plan Land Use Designation of the surrounding properties. By Zoning these portions of Scarlett Court as Light Industrial (M-1) on the Zoning Map, these areas will be compatible with the existing Zoning Designations of the surrounding properties. This will allow for the orderly development of these sites, in the future, with projects that are compatible with the surrounding area. NOTICING REQUIREMENTS/PUBLIC OUTREACH: An expanded noticing area was used to notify the public of tonight's meeting. Staff mailed a notice to all property owners within the Scarlett Court Area and to all property owners and tenants within 300 feet of this area. The Public Notice was also published in the Valley Times and posted at several locations throughout the City. In accordance with SB 18, Staff sent a notice of the General Plan amendment to the three Native American tribes who are required to be notified by the City of an upcoming General Plan Amendment. Staff has not received any comments from these tribes regarding the proposed amendment. ENVIRONMENTAL REVIEW: The California Environmental Quality Act (CEQA), together with the State Guidelines and City environmental regulations require that certain projects be reviewed for environmental impacts and when applicable, environmental documents prepared. Staff is recommending that the Project be found Categorically Exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15332, In-Fill Development, because the westernmost portion of Scarlett Court is .97 acres in size and the easternmost portion of Scarlett Court is 1.12 acres. Additionally, the area surrounding the vacated right-of-way of Scarlett Court is currently developed with a road and related improvements and is surrounded on all sides by develvpment. ATTACHMENT: 1. Resolution Amending the General Plan to designate the westernmost and easternmost portions of the vacated right-of- way of Scarlett Court as Business Park/Industrial and Outdoor Storage PA 09-042. 2. Ordinance Zoning the westernmost and easternmost portions of the vacated right-of-way of Scarlett Court as Light Industrial (M- 1) PA 09-042. G:~PA#~2009~PA 09-042 Scarlett Ct GPAICC 4-20-10\CCSR 4.20. IO.doc Panc F nf ~