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HomeMy WebLinkAboutPC Reso 13-34 Dublin Crossing ZOA, Rezone rec to CC RESOLUTION NO. 13 — 34 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THE CITY COUNCIL ADOPT AN ORDINANCE 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 Applicant, Dublin Crossing LLC (SunCal Companies) has submitted a Planning Application to enable private development on approximately 189 acres of property that is currently part of the 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 to assist in the implementation of the Dublin Crossing Specific Plan; and WHEREAS, an implementing action of the Dublin Crossing Specific Plan is to create a new Dublin Crossing Zoning District (Chapter 8.30) that will apply to all of the properties identified in Figure 1-1 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, 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 ("Zoning Map Amendment"); 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 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 the Ordinance, which is attached as Exhibit A. All these text amendments are collectively referred to herein as "Zoning Ordinance Amendments"; and WHEREAS, pursuant to section 8.120.050.B of the Dublin Municipal Code, the Planning Commission recommends that the City Council find that the Zoning Ordinance Amendments and Zoning Map Amendment are consistent with the Dublin General Plan and the Dublin Crossing Specific Plan for the reasons set forth in Exhibit A; and WHEREAS, pursuant to section 8.120.050A of the Dublin Municipal Code, the Planning Commission recommends that the City Council make the following findings for the Zoning Ordinance Amendments and Zoning Map Amendment based on the facts set forth in Exhibit A: (1) the proposed Amendments would be harmonious and compatible with existing and potential development in surrounding areas; (2) the Project site is physically suitable for the type, intensity of the zoning district being proposed; 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; and WHEREAS, a Staff Report was submitted recommending that the Planning Commission approve the Zoning Ordinance Amendments and Zoning Map Amendment; and WHEREAS, the Planning Commission did hold a public hearing on the proposed modifications on October 22, 2013, for which proper notice was given in accordance with California State Law; and WHEREAS, the Planning Commission at its October 22, 2013, meeting did hear and use its independent judgment and considered the Final EIR, all said reports, recommendations, and testimony hereinabove set forth. NOW THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby recommend that the City Council adopt the Ordinance attached hereto as Exhibit A and incorporated herein by reference, approving the Zoning Ordinance Amendments and Zoning Map Amendment for the Dublin Crossing Project. PASSED, APPROVED AND ADOPTED this 22nd day of October 2013 by the following votes: AYES: O'Keefe, Bhuthimethee, Do, Goel, Kohii NOES: ABSENT: ABSTAIN: Planning Commission Chairperson 2 ATTEST: Assistant Commune evelopment Director G:IPA#12008IPA 08-049 Camp Parks Dublin Crossing12011 RestartlPC Mtg 10.22.2013IPC Att 6-Reso ZOAs.docx 3 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: Page 2 of 7 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 --- o 015 n a.. Page 3 of 7 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; Page 4 of 7 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 Page 5 of 7 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: Page 6 of 7 Mayor ATTEST: City Clerk G:IPA#12007107-036 Downtown Dublin Specific PlanIPC 12.14.20101DDSP ZOAs.doc Page 7 of 7