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HomeMy WebLinkAboutPC Reso 87-029 PA 87-018 PD Rezone Enea Plaza PD RESOLUTION NO. 87 - 029 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THE CITY COUNCIL ESTABLISH FINDINGS AND GENERAL PRp'71SIONS FOR A PD, PLANNED DEVELOPMENT REZONING CONCERNING PA 87b018, ENEA PLAZA PD, PLANNED DEVELOPMENT REZONING APPLICATION WHEREAS, Robert Enea, representing John & Sal Enea, filed an application to rezone approximately 5.0 acres from a PD, Planned Development District allowing C-0, Administrative Office District uses and a limited range of compatible C-1, Retail Business District uses to a new PD, Planned Development District allowing a range of retail shopper, office, personal service and financial uses, involving Parcels A, B, and a portion of C of Parcel Map of 2922; and WHEREAS, the Planning Commission did hold public hearings on April 6, 1987, April 20, 1987, and May 4, 1987; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, this application has been reviewed in accordance with the provisions of the California Environmental Quality Act and a Negative Declaration of Environmental Significance has been adopted (Planning Commission Resolution No. 87 - 029) for this project, as it will have no significant effect on the environment; and WHEREAS, the Staff report was submitted recommending that the Planning Commission recommend that the City Council conditionally approve the project; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth; and WHEREAS, the rezoning is appropriate for the subject property in terms of being compatible to existing and proposed land uses and conforming to the underlying land use designation and it will not overburden public services; and WHEREAS, the rezoning 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 improvement; NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby recommend that the City Council approve the PD, Planned Development Rezoning request subject to the following conditions: 1) The PD, Planned Development District's development shall substantially conform to materials from the Planning Commission Staff Report dated April 6, 1987 labeled Exhibit D, and Attachments 2 and 3, on file with the Dublin Planning Department. 2) The PD, Planned Development District's development shall substantially conform with the Site Development Review request approval granted under PA 86-071 or a new Site Development Review shall be processed for each phase of development of the PD, Planned Development District. 3) Any new Site Development Review and/or Conditional Use Permit request processed for this PD, Planned Development District may modify the pad locations, circulation system, architectural design, landscaping plan, floor area, and other related design items if it is found to be the best interest of the City to do so. -1- r1 4) Uses within this PD, Planned Development District shall substantially comply with the Applicant's listing of retail shopper, office, personal service, and financial uses from the Planning Commission Staff Report dated April 6, 1987 labeled Attachment 2 on file with the Dublin Planning Department. 5) The Developer shall dedicate and fully improve the segment of the proposed road parallel to Dublin Boulevard which passes through the southern portion of APN 941-1500-040. This proposed road has been identified as needed for the buildout of the downtown area in the Draft Dublin Downtown Specific Plan (including the buildout of this property). The new roadway is to run between Amador Plaza Road in this project, westward to Regional Street, and is to be located south of the retail complex currently under construction. The exact location and width will be determined by the City through further detailed studies. The timing of this dedication and the improvements shall be as follow: a) The dedication of right-of-way shall be made within 60 days after a specific plan line has been adopted by the City of Dublin for the subject road parallel to Dublin Boulevard (Amador Plaza Road to Regional Street). b) The improvements shall be constructed at the same time as the future development of any portion of the southerly portion of the parcel through which this road is proposed to pass, or at such time as the remainder of the proposed street is to be constructed by others, whichever occurs first. c) Prior to and as a further condition of this rezoning, the Developer and the City shall enter into an agreement embodying the above conditions and guaranteeing construction by the Developer of the improvements mentioned herein. d) These conditions shall be recorded in the Office of the Recorder of Alameda County by the Developer. 6) Except as specifically modified by the above listed Conditions of Approval, development and operation of land use activities within this PD, Planned Development District shall be subject to the guidelines of the C-1, Retail Business District of the City of Dublin Zoning Ordinance as regards both land use restrictions and minimum/maximum development criteria. 7) The Developer is advised of the potential future application of a Downtown Overlay Zoning District over the subject property reflecting the Goals, Objectives and Implementation Policies of the Dublin Downtown Specific Plan. PASSED, APPROVED AND ADOPTED this 4th day of May, 1987. AYES: Commissioners Barnes, Mack, Petty and Raley NOES: Commissioner Burnham ABSENT: None Planning Commission Chair. .n ATTEST: ','n T jalilre O\-'16 Planning Director -2-