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HomeMy WebLinkAboutPCReso 98-36 PA98-013 Rec CC Starward PD Rez RESOLUTION NO. 98-36 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL APPROVE A PLANNED DEVELOPMENT (PD) REZONE / DEVELOPMENT PLAN FOR PA 98-013 THE STARWARD DRIVE SITE (APN 941-0173-005-02) WHEREAS, the DeSilva Group Inc, the site property owner, has requested approval of a Planned Development Rezone/Development Plan to subdivide a 2.4 acre parcel and develop 31 single family dwellings and related improvements on land generally located west of Starward Drive, east of San Ramon Road and north of the Shamrock Shopping Center (APN 941-0173-005-02); and WHEREAS, a completed application for each of the requested actions is available and on file in the Dublin Planning Department; and WHEREAS, a Development Plan has been submitted to the City as required by Section 8.32 of the Dublin Zoning Ordinance; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and implementing Guidelines, an Initial Study has been prepared to assess the proposed project. Based on the Initial Study, a Mitigated Negative Declaration has been prepared with the finding that with the implementation of mitigation measures contained in the Initial Study, there will be no significant environmental impacts; and WHEREAS, the Planning Commission did hold a public hearing on said application on August 11, 1998; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted to the Planing Commission recommending approval of the proposed project; and WHEREAS, the Planning Commission did hear and use their independent judgment and considered all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the Dublin Planning Commission does hereby make the following findings and determinations regarding said proposed Planned Development Rezone: The Planned Development rezone, is consistent with the general provisions, intent and purpose of the PD District Overlay Zone of the Zoning Ordinance. The Planned Development Rezone will be appropriate for the subject property in terms of setting forth the purpose, applicable provisions of the Dublin Zoning Ordinance, range of permitted and conditionally permitted uses and Development Standards, which will be compatible with existing commercial, industrial and residential uses in the immediate vicinity, and will enhance development of the general area; and The Planned Development Rezone is consistent with the general provisions, intent, and purpose of the PD District Overlay Zone of the Zoning Ordinance in that it contains all information required by Section 8.32 of the Zoning Ordinance and accomplishes the objectives of Section 8.32.010, A through H, of the Zoning Ordinance; and o The Planned Development Rezone will not have a substantial adverse effect on health or safety or be substantially detrimental to the public welfare or be injurious to property or public improvement, as all applicable regulations will be met; and The Planned Development Rezone will not overburden public services or facilities as all agencies have commented that public services are available; and The Planned Development Rezone will be consistent with the policies of the Dublin General Plan designation of Medium Density Residential since the project would allow development within the density range allowed by this General Plan land use; and o The Planned Development rezone will create an attractive, efficient and safe environment though development standards contained in the Development Plan; and The Planned Development Rezone will benefit the public necessity, convenience and general welfare; and The Planned Development Rezone and accompaning Site Development Review will be compatible with and enhance the general development of the area because it will be developed pursuant to a comprehensive Development Plan; and o The Planned Development Rezone will provide an environment that encourages the efficient use of common areas as well as resources. BE IT FURTHER RESOLVED THAT the Dublin Planning Commission does hereby recommend that the City Council approve a Planned Development Rezone and Development Plan for the Starward Drive Residential Project (PA 98-013), (Exhibits B-1 and B-2) which constitute regulations for the use, improvement, and maintenance of the property. Except as specifically identified otherwise in the approved Development Plan, development and operation of land use activities within this Rezone shall be subject to the current City of Dublin Zoning Code. PASSED, APPROVED AND ADOPTED this 1 l th day of August, 1998. AYES: Cm. Johnson. Hughes. Musser, and Oravetz NOES: ABSENT: Cm. Jennings 'Plannind Commiss(5~ Chairperson A~TEST: D Community Development ~irecto~' g:\98013\pcres-pd.