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Home My WebLink About04-041 GM Auto Mall Amendment to COA AGENDA STATEMENT PLANNING COMMISSION MEETING DATE: October 10,2006 SUBJECT: ATTACHMENTS: RECOMMENDATION: ~ DESCRIPTION: PUBLIC HEARING: GM Auto Mall Amendment of the project Conditions of Approval which relate to the provision of Public Art for the GM Auto Mall located at 4200 John Monego Court (PA 04-041) - Quasi- Judicial Report repared by Erica Fraser, Senior Planner 1) Resolution approving amendments to the Conditions of Approval for the Site Development Review for the GM Auto Mall located at 4200 John Monego Court previously approved by Resolution Number 05- 28 for PA 04-041. 2) Applicant's Written Request. 3) Traffic Circle Diagram. 4) Aerial Photo of Area Adjacent to Traffic Circle. 5) Location Map. I) Receive Staff presentation; 2) Open the public hearing; 3) Take testimony from the Applicant and the public; 4) Close the public hearing and deliberate; and 5) Adopt Resolution approving amendments to the Conditions of Approval for the Site Development Review for the GM Auto Mall located at 4200 John Monego Court (Attachment 1). The GM Auto Mall was approved with Condition of Approval Number 67 which required the Applicants to install public art in the traffic circle on John Monego Court (Attachment 3). This Condition was included in the project Conditions of Approval prior to the adoption of the City's Public Art Master Plan and Public Art Program Ordinance. The Applicant has submitted a request to modify the project Conditions of Approval which relate to public art (Attachment 2). Background The Planning Commission approved a Site Development Review and Conditional Use Permit to construct the GM Auto Mall (Hummer, Saturn and Saab Dealerships), located at 4200 John Monego Court on May 10, 2005 (Resolution No. 05-28). The GM Auto Mall is comprised of three separate dealership buildings and a service facility with a total floor area of 32,543 square feet. The GM Auto Mall is currently under COPIES TO: Applicant Property Owner File ITEM NO.: g. l Page 1 of4 G:IPA#\2004\04-041 Dublin Saturn HummerIPublic Art ModificationlPC Agenda Statement.doc construction. The Conditions of Approval for the project included Condition of Approval Number 67 which requires the Applicant to install public art in the traffic circle at the terminus of John Monego as shown below: "Right of Way Improvements. The ApplicantJDeveloper shall construct a public art and landscape in the traffic circle (landscape circle) in the cul-de-sac. Such improvements shall be maintained and operated by ApplicantJDeveloper." Public Art Master Plan and Public Art Program Ordinance On March 7, 2006, the City Council adopted the Public Art Master Plan which establishes the guidelines for the provision of public art in the City by both the City and private developers. On September 5, 2006, the City Council adopted an Ordinance (Chapter 8.58 of the Dublin Zoning Ordinance) which requires Applicants to provide public art in accordance with the provisions of Chapter 8.58 and the Public Art Master Plan. ANALYSIS: The GM Auto Mall was approved with Condition of Approval Number 67 which required the Applicants to install public art in the traffic circle on John Monego Court (Attachment 3). This Condition was included in the project Conditions of Approval prior to the adoption of the City's Public Art Master Plan and Public Art Program Ordinance. The existing condition of approval requires that a public art piece be installed at the terminus of John Monego Court in an existing traffic circle. The traffic circle is located near the entrance to the new GM Auto Mall. Due to the location of the traffic circle (Attachment 4), the public art would only be seen by motorists and pedestrians who are visiting the GM Auto Mall and a portion of the parking lot to the east of the traffic circle. Views of the art piece (if installed) will be blocked by landscaping on 1-580 and site landscaping and the parking lot to the east of the traffic circle. Due to the location, few residents and visitors to the City would have an opportunity to view the art piece. Additionally, the public art location would not allow pedestrians to safely view the public art in the traffic circle because the plan does not include a viewing area or crosswalk to the traffic circle. In order to remove the requirement to install public art in the traffic circle, Condition of Approval Number 67 must be amended. Pursuant to the proposed Amendment, the Applicant would still be required to install and maintain landscaping in the traffic circle. Staff recommends that Condition of Approval Number 67 be amended to read as follows: "Right of Way Improvements. The ApplicantJDeveloper shall install construct a flMblie art and landscaping in the traffic circle (landscape circle) in the cul-de-sac. Such improvements shall be maintained and operated by ApplicantJDeveloper." In addition to the proposed amendment of Condition of Approval Number 67, one new condition is proposed to be added which allows the Applicant to pay the public art in-lieu fee instead of installing art pursuant to the Public Art Ordinance. The new Condition of Approval Number 128 would read as follows: "Public Art Program Contribution. Applicant shall pay to City a monetary contribution in-lieu of providing on-site public art in an amount equal to forty-five one-hundredths percent (0.45%) of the development project's building valuation (exclusive of land), in compliance with the Dublin Zoning Ordinance Chapter 8.58 relating to the Public Art Program Contribution, except that the total building valuation of the project and the calculation of the value of Applicant's required in- 20f4 lieu contribution shall be determined prior to occupancy and Applicant shall make the public art in-lieu contribution payment prior to occupancy. Applicant need not reserve a site or provide a public art easement or access easement as set forth in Chapter 8.58." The proposed amendment to the project Conditions of Approval will allow the Applicant to pay the public art in-lieu fee. The City Council would then have the discretion to use the funds to install public art in a location that the City Council deems appropriate for the benefit of more residents and visitors to the City. The applicable findings can be found on page 2 of the Resolution in Attachment 1. ENVIRONMENTAL REVIEW: The project has been reviewed under the California Environmental Quality Act, (CEQA), State CEQA Guidelines and the Dublin Environmental Guidelines, and the project has been found to be Categorically Exempt per CEQA Section 15301 (minor alteration of existing facilities). CONCLUSION: The proposed modifications to the project Conditions of Approval are consistent with the Dublin General Plan, the Public Art Master Plan, the Public Art Program Ordinance and the Zoning District in which the project site is located. RECOMMENDATION: Staff recommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the public hearing; 3) Take testimony from the Applicant and the public; 4) Close the public hearing and deliberate; and 5) Adopt Resolution approving amendments to the Conditions of Approval for the Site Development Review for the GM Auto Mall located at 4200 John Monego Court (Attachment 1). 30f4 GENERAL INFORMATION: APPLICANT: Gregg Butterfield 515 Marin Street Suite 211 Thousand Oaks, CA 91360 PROPERTY OWNER: General Motors 515 Marin Street Suite 211 Thousand Oaks, CA 91360 LOCATION: 4200 John Monego Court ASSESSORS PARCEL NUMBER: 986-0016-004 GENERAL PLAN DESIGNATION: General Commercial SPECIFIC PLAN AREA: Eastern Dublin ZONING: PD (Planned Development) District SURROUNDING USES: Location Zoning General Plan Land Use Current Use of Property Site PD- Planned General Commercial GM Auto Mall under Development construction North PD- Planned General Commercial Auto Sales Development South N/A N/A 1-580 freeway East PD- Planned Campus Office Koll Center and Development Gateway Medical West PD- Planned General Commercial Shamrock Ford Auto Development Sales 4of4 RESOLUTION NO. 06- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING AMENDMENTS OF THE CONDITIONS OF APPROVAL OF THE SITE DEVELOPMENT REVIEW FOR THE GM AUTO MALL LOCATED AT 4200 JOHN MONEGO COURT PREVIOUSLY APPROVED BY RESOLUTION NUMBER 05-28 FOR PA 04-041 WHEREAS, the Applicant, Gregg Butterfield, has requested amendment of the Conditions of Approval of the Site Development Review for the GM Auto Mall that relate to the provision of public art at 4200 John Monego Court, which were previously approved by Resolution Number 05-28 for P A 04- 041, APN 986-0016-004; and WHEREAS, Condition of Approval Number 67 requires the Applicant to install public art in the traffic circle located at the terminus of John Monego Court; and WHEREAS, the provision of public art as required by Condition of Approval Number 67 would result in an on-site public art piece obscured from the public view due to the site layout and surrounding landscaping; and WHEREAS, the Applicant has requested that Condition of Approval Number 67 be revised to require the provision of landscaping in the traffic circle, but no public art piece; and WHEREAS, the amendment adds Condition of Approval Number 128 to require the Applicant to contribute to the public art program by providing a monetary contribution in-lieu of providing an on-site public art piece, in accordance with Dublin Zoning Ordinance Chapter 8.58 relating to the Public Art Program Contribution; and WHEREAS, the Applicant submitted a written request for the proposed amendment received by the Planning Division on September 25, 2006; and WHEREAS, the application has been reviewed in accordance with the prOVISIOns of the California Environmental Quality Act (CEQA) and this project was found to be exempt under the CEQA Guidelines Section 15301 as it is a comparable use in an existing building which requires no alteration; and WHEREAS, the Planning Commission held a public hearing on said application on October 10, 2006; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Staff Report was submitted recommending that the application be conditionally approved; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to make a decision; and Attachment 1 WHEREAS, the Planning Commission has found that the proposed project is appropriate for the subject site. NOW, THEREFORE, BE IT RESOLVED that the Dublin Planning Commission does hereby find that: A. Approval of the amendment to the project Conditions of Approval is consistent with the purposes and intent of Chapter 8.104, Site Development Review, of the Dublin Zoning Ordinance because: the amendment of the Conditions of Approval will comply with current City regulations related to the provision of public art. B. The approval will comply with the policies of the General Plan, with any applicable Specific Plans, with the development regulations or performance standards established for the zoning district in which it is located and with all other requirements of the Zoning Ordinance because: 1) the amended conditions will require that public art be provided in accordance with the City's Public Art Master Plan and Chapter 8.58, Public Art Program Contribution of the Dublin Zoning Ordinance; and 2) the amended conditions will ensure that public art is provided which meets the City's requirements for public art under Chapter 8.58. C. The approval 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 general welfare because: the amended conditions will ensure that the Applicants comply with the City's adopted Public Art Master Plan and the Public Art Program Ordinance and therefore the project will comply with current regulations as well as recently approved projects in the City. D. The approval of the amendment to the project Conditions of Approval is consistent with the Dublin General Plan because: the amended Conditions of Approval will ensure that the project will comply with the Public Art Master Plan and the Public Art Program Ordinance, which were recently adopted by the City Council. E. Approval of this amendment complies with Chapter 8.58 relating to the Public Art Contribution because: the existing condition will be amended to ensure that public art is installed or an in-lieu contribution is paid if public art is not installed pursuant to the Public Art Master Plan and the Public Art Program Ordinance. BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby approve amendments to the Conditions of Approval of the Site Development Review for the GM Auto Mall (P A 04-041), as previously approved by Planning Commission Resolution Number 05-28, as described below; all other conditions of approval of the Site Development Review remain unchanged. BE IT FURTHER RESOLVED that Condition of Approval Number 67 of Planning Commission Resolution Number 05-28 is therefore amended to read: 67 Right of Way Improvements. The ApplicantJDeveloper shall install constnlct pMblie art and-Iandsca in in the traffic circle (landsca e circle PW Occupancy Public Art Policy 2 be BE IT FURTHER RESOLVED that the following Condition of Approval is therefore added to Planning Commission Resolution Number 05-28 as Condition of Approval Number 128: 128 Public Art Program Contribution. Applicant shall PL, PCD Occupancy Public Art pay to City a monetary contribution in-lieu of Policy providing on-site public art in an amount equal to forty-five one-hundredths percent (0.45%) of the development project's building valuation (exclusive of land), in compliance with the Dublin Zoning Ordinance Chapter 8.58 relating to the Public Art Program Contribution, except that the total building valuation of the project and the calculation of the value of Applicant's required in-lieu contribution shall be determined prior to occupancy and Applicant shall make the public art in-lieu contribution payment prior to occupancy. Applicant need not reserve a site or provide a public art easement or access easement as set forth in Chapter 8.58. PASSED, APPROVED AND ADOPTED this 10th day of October 2006 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Planning Manager G:IP A#\2004\04-041 Dublin Saturn HummerIPublic Art ModificationlPC Reso public art. doc 3 Page I of I Erica Fraser From: gregg.butterfield@gm.com Sent: Monday, September 25,200612:15 PM To: Erica Fraser Cc: inderd@cacargroup.com Subject: Public art COA67, Hummer Saab Saturn Dear Planning Commission Members, Please be advised by this email that we are requesting a change to the Conditions of Approval no. 67 granted May 10, 2005 to remove the requirement to install public art. Since our approval a Public Art policy and Public Art Ordinance has be finalized as we feel we can best serve the intent of the program by conforming with that policy and ordinance. In place of that condition (67) we would like to work within the new ordinance. Our project is automotive retail and a contribution to the PubliC art program of the City of Dublin would benefit the entire city. Thank you Gregg Butterfield Western Region Facility Development 515 Marin Street Thousand Oaks, CA 91360 PH:805-217-4705 Fax: 413-702-9409 gregg .butterfield@gm.com ATTACHMENT 2 9/25/2006 " '. I I: ! - .- CI:I ..... C1) o C1) - (,) I-< .- U (,) ~ <.H ~ ItD ..& -- .... ........ Attachment 3 Aerial Photo of Area Adjacent to Traffic Circle N SCALE 1 : 1,795 , ..... :...., ~ [ 100 0 100 200 300 FEET http://mapgu ide/mwf/Du bl in. mwf Attachment 4 Wednesday, October 04,20061 :59 PM Location Map Attachment 5