HomeMy WebLinkAboutReso 012-02 AffirmPC Kierstead RESOLUTION NO. 12 - 02
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AFFIRMING THE PLANNING COMMISSION ACTION OF NOVEMBER 27, 2001, AND
DENYING A VARIANCE AND SITE DEVELOPMENT REVIEW TO ALLOW
CONSTRUCTION OF TWO BUILDINGS WITHIN THE REQUIRED SETBACK
FOR PA 01-008 DUBLIN SECURITY STORAGE
WHEREAS, Glenn Kierstead, the Property Owner and Applicant/Appellant, has filed an
appeal of the Planning Commission's decision to deny a Variance and Site Development Review and
has requested approval to allow construction of two storage unit buildings totaling approximately
10,000 square feet within the required rear yard setback area at Dublin Security Storage located at 6005
Scarlett Court; and
WHEREAS, a complete application for the above noted entitlement request is available and on
file in the Department of Community Development; and
and
WHEREAS, Applicant/Appellant has submitted Project Plans dated received August 27, 2001;
WHEREAS, Applicant/Appellant has submitted a Letter of Appeal dated received December 3,
2001 to appeal the Planning Commission action of November 27, 2001 denying the request for a Variance
and Site Development Review; and
WHEREAS, the Project is Categorically Exempt from the provisions of the California
Environmental Quality Act (CEQA), State CEQA Guidelines and the City of Dublin Environmental
Guidelines, under Section 15301(e)(2), Class 1, as the project is an addition to an existing facility where
the net increase in area is no more than 10,000 square feet and all services are available; and
WHEREAS, the Planning Commission did hold a public hearing on said project application on
November 27, 2001; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law;
and
WHEREAS, the Planning Commission did hear and use their independent judgment and
considered all said reports, recommendations, and testimony hereinabove set forth;
WHEREAS, the Planning Commission did by a vote of 4 ayes and 1 absent adopt Resolution No.
01-29 to deny PA 01-008 for Dublin Security Storage; and
WHEREAS, the City Council did hold a public hearing on said project application on January
15, 2002 and February 5, 2002; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law;
and
WHEREAS, the City Council did hear and use their independent judgment and considered all
said reports, recommendations, and testimony hereinabove set forth, and
NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE City Council of the
City of Dublin does hereby make the following findings and determinations regarding said proposed
Variance and Site Development Review:
1)
There are no special circumstances applicable to the physical characteristics of the property that
deprive the property of privileges enjoyed by other properties in the vicinity and the same zoning
classification
2)
Approval of the variance would appear to be a grant of special privileges by allowing buildings to
be located in the required rear yard area while other properties in the vicinity have been required
to meet the zoning district building setbacks.
3) Approval of the variance would be inconsistent with recent project approvals in the Scarlett Court
area.
4)
Approval of the variance would be inconsistent with the General Plan Floor Area Ratio (FAR) for
the land use classification and would result in further overbuilding of the site with minimal
landscaping.
5)
Approval of the Site Development Review for the project is not consistent with the General Plan
and Zoning Ordinance related to required setbacks, landscaping and intensity of development on
the site.
BE IT FURTHER RESOLVED that the City Council does hereby affirm the Planning
Commission's decision on November 27, 2001, and deny the Variance and Site Development Review for
PA 01-008.
PASSED, APPROVED AND ADOPTED this 5th day of February, 2002.
YES: Councilmembers McCormick, Oravetz and Zika and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: ~~: ~
K2/G/2-19-02/reso-deny-storage.doc (Item 6.1)
G:\pa 01-008\CCReso2.doc
Mayor
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