HomeMy WebLinkAboutReso 041-87 Enea PDRezRESOLUTION NO. 41 87
A RESOLUTION OF THE CITY COUNGIL
OF THE CITY OF DUBLIN
APPROVING AND ESTABLISHING FINDINGS AND GENERAL PROVISIONS
FOR A PD, PLANNED DEVELOPMENT REZONING CONCERNING PA 87-018,
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-O, Administrative Office District uses and a limited range
of compatible C-i, 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 a series of public
hearings on said application concluding with a hearing on May 4, 1987, at which
time the Planning Commission adopted Resolution No. 87 029, recommending
approval of the PD, Planned Development Rezoning request for PA 87-018; and
WHEREAS, the City Council did hold public hearings on said request
on May 26, 1987, June 8, 1987, and June 22 1987; and
WHEREAS, proper notice of said public hearings was given in all
respects as required by law; and
WHEREAS, the Staff report was submitted recommending that the
request be approved subject to Conditions prepared by Staff and reflected in
Planning Commission Resolution No. 87 - 029; 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 (City Council
Resolution Resolution No. 40 - 87) for this project, as it will have no
significant effect on the environment; and
WHEREAS, the City Council 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 City Council does
hereby 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 City Council Staff Report dated May 8, 1987,
labeled Exhibit D, and Attachments 2 and 3, on file with the Dublin
Planning Department.
2)
3)
4)
5)
6)
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.
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 in the
best interest of the City to do so.
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.
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)
At such time as the future development of any portion of the
southerly portion of the parcel through which this road is proposed
to pass is approved by the City, the Developer shall dedicate the
right-of-way and construct the road improvements; or, in the
alternative, the Developer shall dedicate the right-of-way and
provide to the City security in an amount and form approved by the
City guaranteeing such construction at such time as the remainder
of the proposed street is to be constructed by others.
b)
If prior to the future development of any portion of the southerly
portion of the parcel through which this road is proposed to pass,
the remainder of the proposed street is to be constructed by
others, the Developer shall at that time dedicate the right-of-way
and construct the road improvements.
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.
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-i, Retail Business District of the City of Dublin Zoning Ordinance as
regards both land use restrictions and minimum/maximum development
criteria.
-2-
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 22nd day of June, 1987.
AYES:
Councilmembers Hegarty, Snyder, Vonheeder and
Mayor Jeffery
NOES:
Councilmember Moffatt
ABSENT: None
ATTEST:
City Clerk
-3-
Cushman & Wakefield of Calil'ornia, Inc.
~470 PAL Diablo Blvd., Suite 300
12fayet~e, CA 94549
(4~5) 284-3600
DUBLIN F,.ANNiNG
February 2, 1987
Submittal Requirements #6
Planning Department
Dublin, California
To Whom It May Concern:
After further investigation of the Dublin, San Ramon, and plcasanton
market, we have come to the conclusion that the highest and best use of
the subject property would best be suited to accommodate those uses
described in Exhibit "A". We feel our current zoning which is Planned
Development (PD) Commercial Office (CO) is too limiting in scope for the
type of product that we are proposing to construct on the subject
property. The proposed zoning modification would benefit the city by
adding more retail sales type businesses which would, in turn, generate
more sales tax dollars for the City of Dublin. The project would enhance
the Dublin retail market and would provide an upstate image for the cit.','
as a whole.
modified by replacing the existing zoning PI:tuned Development - Commercial
Office (PD-CO) to Planned Development (PD) reflecting the physical avout
approved under site plan development review #PA 86-071 and then to a[loxv a
mixture of retail shopper/office/personal service/and financial uses
generally described on Exhibit "A" hereto attached.
Sincerely,
Robert S. Enea
RSE/cs