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HomeMy WebLinkAboutItem 6.4 Rezone SnRamonShopCtr ~ . . . ~ CITY CLERK File # D~0rol-0J51 AGENDA STATEMENT CITY COUNCIL MEETING DATE: October 20,1998 SUBJECT: PUBLIC HEARING: P A 98-042 Planned Development ~ezone to replace the existing C-N (Neighborhood Commercial) Zoning Regulations with the Planned Development Zoning District for the portion of the San Ramon Road Shopping Center owned by the Duckett-Wilson Management Company. The project is located on a 2.15 acre property at 8913-8952 San Ramon Road at the southeast comer of San Ramon Road and Alcosta Boulevard. (APN 941-164-3-1) (Report Prepared by: Deniiis Carrington Senior Planner/Zoning Administrator) EXHIBITS ATTACHED: 1) Resolution adopting Negative Declaration for P A 98- 042 Ordinance adopting Planned Development Zoning District (with the Development Plan attached as Exhibit 2A) Planning Commission Resolution recommending that the City Council adopt a Negative Declaration for P A 98-042 Planning Commission Resolution recommending that the City Council adopt an ordinance approving a Planned Development Rezone for P A 98-042 2) 3) 4) RECOMMENDATION: 1) 2) 3) ~Wl~~ Open public hearing and hear staff presentation Take testimony from applicant and the public Question staff, applicant and the public Close public hearing and deliberate Adopt Resolution (Exhibit 1) adopting the Negative Declaration for P A 98-042. Waive reading and introduce the Ordinance (Exhibit 2, with Development Plan attached as Exhibit 2A) adopting Planned Development Zoning District Continue public hearing to November 3, 1998 meeting 6) 7) FINANCIAL STATEMENT: Staff time to a zone ordinance amendment. Appeals by members of the City Council would be processed at City expense. DESCRIPTION: The Dublin Zoning Ordinance establishes the intent, purpose, and requirements of a Planned Development District. The intent ofthe Planned Development Zoning District is to create a more - - - - - - - - - - - - - - - - - - - - - - - - - - - -- COPIES TO: In-House Distribution Senior Planner 6.4 ITEM NO. g:\pa98.052\ccsr desirable use of the land, a more coherent and coordinated development, and a better physical environment than would otherwise be po?sible under a single zoning district or combination of zoning districts. The Zoning Ordinance requires that a Development Plan shall be adopted to establish regulations for the use, development, improvement, and maintenance of the property within the requested Planned Development Zoning District. . The subject of this rezoning request is a portion of an existing shopping center. The center is currently zoned C-N (Neighborhood Commercial) with uses as permitted in Sections 8.12.050 and 8.24.020.B of the Zoning Ordinance. On June 12, 1998, Mr. Patrick Conway of the Duckett Wilson Management Company submitted an application to change the existing C-N (Neighborhood Commercial) Zoning District to the PD (Planned Development) Zoning District to allow the use types that are already permitted and conditionally permitted in the C-N Zoning District plus fo~r Use Types not typically included in the C-N Zoning District. The additional Use Types requested are: I. Animal Sales and Services, 2. Health Services/Clinics, 3. Retail- General, and 4. School - Commercial The Applicant is also requesting that two use types, Eating and Drinking Establishment and Parking Lot/Garage-Commercial be permitted use types rather than requiring a Conditional Use Permit before the Zoning Administrator and Planning Commission respectively. A comparison chart is provided for the current Zoning District, the Zoning proposed by the Applicant an. the Planning Commission recommendation. The four use types proposed to be added and the two use types proposed to be changed from conditional uses to permitted uses have been bolded and italicized. CURRENT ZONING PLANNING ZONING PROPOSE.D COMMISSION BY RECOMMEND APPLICANT -ATION COMMERCIAL USE TYPE C-N PD PD Animal Sales and Services - C/PC C/PC Arts and Crafts Fair TUP TUP TUP AutomobileN ehicle Brokerage P P P Banks and Financial Services P P P Christmas Tree Sales Lot TUP TUP TUP Copying and Blueprinting P P P Day Care Center (15+ children) C/PC C/PC C/PC Drive-in/Drive-through Business CIPC C/PC CIPC Eating and Drinking Establishment C/ZA P C/ZA Farmer's Market TUP TUP TUP Festival/Street Fair TUP TUP TUP Health Services/Clinics . P P Massage Establishment CIPC C/PC CIPC Office - Professional! Administrative . P P P Office Trailer - Commercial TUP TUP TUP . 2 . . . Outdoor Mobile Vendor C/ZA C/ZA C/ZA _ Outdoor Sale by Est. Dub. Bus. TUP TUP TUP Outdoor Seating C/PC C/PC C/PC Parking Lot/Garage-Commercial C/PC p C/PC Personal Services P P P Pumpkin Sales Lot TUP TUP TUP Repair Shop p P P Retail - General - P P Retail - Neighborhood P p p. School- Commercial - P P S.ervice Station C/PC C/PC C/PC Temporary Construction Trailer TUP TUP TUP Temporary Outdoor Sale Not Related to C/ZA C/ZA C/ZA On-Site Established Business (Sidewalk ~ - Sale) - KEYIDECISIONMAKER AUTHORITY Permitted Not Permitted Zoning Clearance Conditional Use Permit/Zoning Administrator Conditional Use Permit/Planning Commission Temporary Use Permit p ZC C/ZA C/PC TUP The effect of approving the requested rezoning would be that the PD Development Plan would govern the uses permitted and conditionally permitted in the portion of the shopping center owned by Duckett- Wilson. BACKGROUND: The definitions from the Zoning Ordinance of the six use types proposed to be added or changed are as follows:- Animal Sales and Services The term Animal Sales and Services shall mean establishments which sell animals or provide services related to animals including hay and feed sales, animal grooming, animal hospital, animal sales, kennel, veterinarian, veterinary clinic or hospital, and similar goods or services determined to be substantially similar to the above by the Director of Community Development. Eating and Drinking Establishment The term Eating and Drinking Establishment shall mean restaurants, banquet facilities, bars, and taverns and other establishments selling prepared foods and drinks for on-premise consumption, as well as drive- through restaurants, lunch counters and refr_eshment stands selling prepared food and drinks for either "" .) immediate or off-premise consumption, or other purveyors determined to be substantially similar tq the above by the Director of Community Development. Health Services/Clinics The term Health Services/Clinics shall mean service establishments primarily engaged in providing outpatient medical, mental health, surgical and other personal health services including: medical, dental, psychiatric, medical and health care such as acupressurists, acupuncturists, chiropractors, chiropodists, dentists, doctors of oriental medicine, herbalists, medical doctors, physical therapists, podiatrists, psychiatrists, optometrists, or other health professionals determined to be substantially similar to the above by the Director of Community Development. Clinics may include accessory retail pharmacies. . Parking Lot/Garage - Commercial The term Parking Lot/Garage - Commercial shall mean f' facility or .enterprise in a commercial zone, whether on a lot or in a structure, which provides parking services for motor vehicles for a fee. Retail - General The Retail - General use type is defined as follows: The term Retail - General shall mean retail trade establishments selling many lines of new and used merchalJdise directly to consumers. Such types of stores and lines of merchandise include but are not limited to: artist's supplies, artisan, auto parts (not auto repair or machine shops or any non-retail auto services) bicycles, books, cameras and photographic supplies, clothing and accessories, department stores, drug and discount stores, dry goods, fabrics and sewing supplies, florists and houseplant stores (indoors or if enclosed by a partition), general stores, gifts, groceries, handicraft items, hardware, hobby materials, jewelry, locksmith, luggage and leather goods, . mini-marts, musical instruments, novelties and souvenirs, newsstands, orthopedic supplies, parts and accessories, pet store, religious goods, small wares, specialty shops, sporting goods and equipment, stationery, toys and games, thrift stores, and variety stores, and other goods determined to be substantially similar to the above by the Director of Community Development. Retail sales shall not include sales of new or used automobiles, trucks, recreational vehicles, boats or trailers, n~r shall it include auto brokerages. School - Commercial The School- Commercial use type is defined as follows: The term School- Commercial shall mean a private business, beauty, cooking, or trade school of a non-recreational nature, or other school which is determined to be substantially similar to the above by the Director of Community Development, located in a commercial zone, and which charges a fee for attendance. Facilities which teach sports or recreation . such as martial arts or gymnastics are addressed by the Recreational Facility/Indoor Use Type. Public schools are addressed by the Community Facility Use Type. ANALYSIS: General Plan. The uses allowed by all six of these Use Types are consistent with the Retail/Office designation of the General Plan in which the shopping center is located. Compatibility with shopping center. The uses in the portion of the shopping center owned by Duckett- Wilson consist of Mountain Mike's~Pizza, California Electric Service, a nails care store, a liquor store, the Little House Thai Restaurant, a beauty salon (tenant improvements currently being made) and 4 . . . . six. vacant suites. The uses allowed by the Animal Sales and Services Use Type, the Health Services/Clinics Use Type, the Retail-General Use Type; and the School-Commercial Use Type are consistent with the existing uses and with the American Furniture 'Store located in the former Lucky Market. The uses that would be allowed by the Eating and Drinking Establishment and Parking Lot/Garage-Commercial use types could possibly conflict with existing uses in the shopping center. However, it is anticipated that the conflicts would be minor because the new uses would be replacing existing uses with similar impacts as identified in the Initial Study. However, requiring a Conditional Use Permit for these two use types as is current practice in the C-N Zoning District (and as recommended by the Planning Commission) could ensure that any impacts are minimized through conditions of approval. Compatibility with surrounding areas. The portion of the shopping'center owned by Duckett- Wilson that is nearest the residential area accessed by Bellina Street, Deervale Road and Galindo is approximately 225 feet from the nearest residence. Commercial uses are located to the north of Alcosta Boulevard on both sides of San Ramon Vallex Road in the City of San Ramon. It is not anticipated that noises from the four new use types requesteaby the Applicant would be more audible to residents in the vicinity than those generated by the current commerciall.1ses or that more traffic would be generated than is currently generated by the current commercial uses. The Eating and Drinking Establishment and Parking Lot/Garage-Commercial use types could generate noise and traffic that would disturb those areas but it is estimated that the conflicts would be minor because the new uses would be replacing existing uses with similar impacts. However, requiring a Conditional Use Permit for these two use types as is current practice in the C-N Zoning District (and as recommended by the Planning Commission) could ensure that any impacts are minimized through conditions of approval. NO PHYSICAL CHANGES TO THE SHOPPING CENTER ARE PROPOSED No changes are proposed to the development regulations typical of the C-N Zoning District. No physical changes to the shopping center are addressed by this rezone. PLANNING COMMISSION RECOMMENDATION: On October 13, 1998, the Planning Commission adopted Resolution 98-45 (Exhibit 3) recommending that the City Council adopt a Negative Declaration for P A 98-042, and adopted Resolution 98-46 (Exhibit 4) recommending that the City Council adopt an ordinance approving a Planned Development Rezone for PA 98-042. ENVIRONMENT AL REVIEW: A Negative Declaration has been prepared pursuant to the California Envirorunental Quality Act and the Dublin Environmental Guidelines for this project because there will be no significant environmental impacts. RECOMMENDATION: Open public hearing and hear staff presentation, take testimony from applicant and the public, question staff, applicant and the public, close public hearing and deliberate, adopt Resolution (Exhibit I) adopting the Negative Declaration, waive reading and introduce the Ordinance (Exhibit 2, with Development Plan attached as Exhibit 2A) adopting Planned Development Zoning District for P A 98-042 and continue public hearing to November 3, 1998 meetin.g. 5 . . . / ~ /J.- RESOLUTION NO. -98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ADOPTING A NEGATIVE DECLARATION FOR PA 98-042 DUCKETT-WILSON WHEREAS, Patrick Conway of the Duckett-Wilson Management Company, owner of property at 8913 - 8952 San Ramon Road (APN 941-164-3-1) located at the southeast corner of San Ramon Road and A!costa Boulevard, has requested approval of a zone reclassification for that property from the C-N (Neighborhood Commercial Zoning District) to the Planned Development (PD) District as depicted in the Draft Ordinance in Exhibit 2 and the Draft Development Plan in Exhibit 2A of the City Council Staff Report dated October 20, 1998; and WHEREAS, the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the City Environmental Guidelines require that certain projects be reviewed for environmental impact and that environmental documentation be prepared; and WHEREAS, an Initial Study was conducted finding that the project, as proposed, would not have a significant effect on the environment; and WHEREAS, a Negative Declaration has been prepared for this project; and WHEREAS, public notice of a Negative Declaration was given in all aspects as required by State Law; and WHEREAS, proper notice of said public hearing was given in a.1l respects as required by law; and WHEREAS, the Planning Commission did review and consider the Negative Declaration at a public hearing on October 13, 1998. WHEREAS, the City Council did review and consider the Negative Declaration at a public hefu-ing on October 20, 1998. WHEREAS, the Planning Commission did adopt Resolution 98-45 recommending that the City Council adopt a Negative Declaration for P A 98-042 at a public hearing on October 13, 1998. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby find: 1. That the project will not have a significant effect on the environment. EXHIBIT 1 :A ~ '/;L . 2. That the Negative Declaration has been prepared and processed in accordance with State and local environmental laws and guideline regulations, and reflects the independent judgment and . analysis of the City of Dublin as Lead Agency. 3. That the Negative Declaration is complete and adequate. BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby adopt the Negative Declaration for P A 98-042 Duckett-Wilson Planned Development Rezone and Development Plan. PASSED, APPROVED AND ADOPTED this 20th day of October, 1998. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: . City Clerk G:\P A98-042\ccndreso . 2 :3 q5 /:1.. ORDINANCE NO. - 98 . AN ORDINANCE OF THE CITY OF DUBLIN AMENDING THE ZONING ORDINANCE TO ADOPT THE PLANNED DEVELOPMENT REZONING OF PROPERTY LOCATED AT THE SOUTHEAST CORNER OF SAN RAMON ROAD AND ALCOSTA BOULEVARD (APN: 941-164-3-1) ---------------------------------------------------------------------------------------------------------------------- WHEREAS, Patrick Conway of the Duckett~Wilson Management Company, owner of property at 8913 ~ 8952 San Ramon Road (APN 941-164~3~ 1) located at the southeast comer of San Ramon Road and AIcosta Boulevard, has requested approval of a zone reclassification for that property from the C~N (Neighborhood Commercial) Zoning District to the Planned Development (PD) District as depicted in the Ordinance in Exhibit 2 and the Development Plan in Exhibit 2A of the City Council Staff Report for PA 98-042 dated October 20, 1998; and .. WHEREAS, Applicant/Developer has submitted a complete application for a Planned Development Rezone, including a Development Plan (Attachment 2A) as required by Section 8.32 of the Zoning Ordinance which meets the requirements of said section, which is available and on file in the Planning Department; and WHEREAS, the site will be rezoned from the C-N (Neighborhood Commercial) Zoning District to the Planned Development Zoning District (P A 98~042); and WHEREAS, the application has been reviewed in accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the City Environmental Guidelines, and a Negative Declaration has been prepared because there wiII be no environmental impacts; and . WHEREAS, the Planning Commission did hold a public hearing on the PD District Rezone, Development Plan and related Negative Declaration on October 13, 1998, and did adopt Resolutions recommending that the City Council approve a Negative Declaration, a Planned Development Rezone and a Development Plan for P A 98~042; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, properly noticed public hearings were held by the City Council on October 20, 1998, and November 3, 1998; and WHEREAS, the Staff Report was submitted recommending that the City Council approve the application; and WHEREAS, the City Council did hear and use its independent judgment and consider all said reports, " recommendations and testimony hereinabove set forth. WHEREAS, pursuant to section 8.32.070 and 8.120.050 ofthe Dublin Municipal Code, the City Council makes the following findings: . 1. The proposed Planned Development Zoning District meets the intent and purpose of Chapter 8.32 of the Zoning Ordinance because the adopted Development Plan provides flexibility and diversification of uses while maintaining current development standards to ensure an environment that will be sensitive to surrounding land uses. The San Ramon Road Shopping Center (Duckett~Wilson) Project is compatible with the Retail/Office designation of the General Plan. EXHIBIT 2 L/ c3 /:L.. 2. Development under the Development Plan will be harmonious and compatible with existing and future development in the surrounding area because the additional use types will be as compatible with the surrounding area as existing use types in the shopping center. . 3. The project site is physically suitable for an existing commercial project in that it is flat, has adequate access and is of a sufficient size to accommodate j::ommercial uses. 4. The proposed Amendment will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety or welfare because the Development Plan has been prepared in accordance with the City 9f Dublin General Plan. NOW, THEREFORE, the City Council of the CitY of Dublin does ordain as follows: SECTION 1. Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code the City of Dublin Zoning Map is amended to rezone the following property ("Property") to a Planned Development Zoning District: Approximately 2.15 acres at 8913-8952 San Ramon Road (APN 941-164-3-1) located at the southeast comer of San Ramon Road and Alcosta Boulevard. I I . .,1 ~:/, , ~ I . A map of the Property is outlined below: ./ F"R'!"'!"iP4J' INr" ,_"'J'.~ f.lN..lrJ~"". /.. .> II ~ I I" ./ "k-_ ~-~~"""^- I$~" ;1/ ~I~ ,.,~. ~.I~ .. ,1 ... 8 I \.,. ,t_I$.4.~.' Q",d ~ ;~ . .\, ~I ,I ," -:.'(r \ ~~ ~ i."' : /~~<~ ~ I~T/"! c>... :;.... ... ~ ~i\ "4";-ac-:. ~D~~:"'''~ ~ '.~...Q --9.....~ ............... . .........>6'" ":"'-=,4' -J~ ,.-,<,!J~ '.Jo ~/:" ~ ..s>..... I,'fl. ......4.0 I 8 Z..5J~,"t- . . . . .5 :0 I;L SECTION 2. The regulations of the use, development, improvement, and maintenance ofthe Property are set forth in the Development Plan (Attachment 2A hereto) which is hereby approved. Any amendments to the Development Plan shall be in accordance with section 8.32.080 of the Dublin Municipal Co~e or its successors. SECTION 3. 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 36933 of the Government Code of the State of California. .: .: PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin this 3rd day of November, 1998, by the foIlowing vote: AYES: NOES: ABSTAIN: ABSENT: Mayor ATTEST: City Clerk G:\P A98-042\Ord 3 G .?J /:J.- V v DEVELOPMENT PLAN . This is a Development Plan pursuant to Chapter 8.32 of the Dublin Zoning Ordinance for that portion of the San Ramon Road Shopping Center owned by the Duckdt- Wilson Management Company at 8913 - 8952 San Ramon Road (APN 941-164-3-1), located at the southeast corner of San Ramon Road and Alcosta Boulevard. This Development Plan meets all of the requirements for Stage 1 and Stage 2 review of the project. This Development Plan includes the plot plan dated received June II, 1998, showing illustrative land uses, Development Standards and Conditions of Approval. The Planned Development Zoning District allows the flexibility needed to encourage innovative development while ensuring that the provisions of Chapter 8.32 of the Zoning Ordinance and of the Retail/Office designation of the General Plan are satisfied. 1. Permitted Use Types: The following Use Types are permitted or conditionally permitted in the Planned Development Zoning District as applied to this property: COMMERCIAL USE TYPE PLANNED DEVELOPMENT- COMMERCIAL ZONING DISTRICT Animal Sales and Services C/PC Arts and Crafts Fair TUP AutomobileN ehicle Brokerage P Banks and Financial Services P Christmas Tree Sales Lot TUP Copying and Blueprinting P Day Care Center (15+ children) C/PC Drive-inlDrive-through Business C/PC Eating and Drinking Establishment C/ZA Fanner's Market TUP Festival/Street Fair TUP Health Services/Clinics P Massage Establishment C/PC Office - Professional! Administrative P Office Trailer ~ Commercial TUP Outdoor Mobile Vendor C/ZA Outdoor Sale by Est. Dub. Bus. TUP Outdoor Seating C/PC Parking Lot/Garage-Commercial C/PC Personal Services P Pumpkin Sales Lot TUP Repair Shop P Retail - General P Retail- Neighborhood P School - Commercial P Service Station C/PC . . EXHIBIT 2A f} ~ /J- :/ . Temporary Construction Trailer Temporary Outdoor Sale Not Related to On-Site Established Business (Sidewalk Sale) TUP C/ZA KEYIDECISIONMAKER AUTHORITY Permitted Not Permitted Zoning Clearance Conditional Use Permit/Zoning Administl!ator Conditional Use Permit/Planning Commission Temporary Use Permit P ZC C/ZA CIP~ TUP 2. Prohibited Use Types. All Use Types not specifically permitted or conditionally permitted in the above Paragraph 1 are prohibited on this property. 3. Dublin Zoning Ordinance w Applicable Requirements. Except as specifically modified by the provisions of this P A 98-042 Planned Development Rezone/ Development Plan; use, development, improvement and maintenance of property within this Planned Development Zoning District shall be subject to the provisions of the C-N (Neighborhood Commercial) Zoning District of the Dublin Zoning Ordinance and all applicable general requirements and procedures of the Dublin Zoning Ordinance. . 4. Development Standards: A. Noise/nuisances. The Applicant shall control all activities on the site so as not to create a nuisance to the existing or surrounding businesses or residents. No loudspeakers or amplified music shall be permitted to project or be placed outside of the building.[PL, PO] B. Maintenance. The Applicant shall be responsible for maintaining the premises in a safe, clean and litter-free conditions at all times. The Applicant shall be responsible for cleaning up and disposing of the business-generated trash and litter on-site and off-site in the neighborhood.[PL] C. Accessory structures. The use of any detached accessory structures, such as storage sheds or trailer/container units, used for storage or for any other purpose, shall not be allowed on the site at any time. Outdoor vehicle parking and/or storage, including the storage of materials or equipment of any kind is prohibited.[PL, B, F] D. Business activities. All activities associated with this business shall be conducted inside of the building.[PL] . 2 'Z 15 /J- E. Landscape maintenance. All landscape areas on the site shall be enhanced and properly maintained at all times. Any proposed or modified landscaping to the site, including the removal or replacement of trees, shall require prior review and written approval from the Community Development Departmel1t. [PL] . F. Standard Plant Material, Irrigation and Maintenance Agreement Form. The Developer/Property Owner shall complete and submit the Standard Plant Material, Irrigation and Maintenance Agreement Foim (attached) prior to the issuance of a buildin&. permit. [PL] G. Graffiti. The DeveloperlProperty Owner shall, at all times, keep the site and building clear of graffiti vandalism on a regular and continuous basis. Graffiti resistant paints for the structures and film for windows or glass should be used. [PO, PL] H. Security program. The Developer/Property Owner shall work with Dublin Police Services on an ongoing basis to establish an effective robbery, burglary, theft prevention and security program for the businesses. [PO] G:pa98042\devlplan . . " .) . . . 9 dff /:;- RESOLUTION NO. 98 - 45 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL ADOPTION OF A NEGATIVE DECLARATION FOR PA 98-042 DUCKETT-WILSON WHEREAS, Patrick Conway of the Duckett-Wilson Management Company, owner of property at 8913 - 8952 San Ramon Road (APN 941-164-3-1) located at the southeast corner of San Ranlon Road and A!costa Boulevard, has requested approval of a zone reclassification for that property from the c-N (Neighborhood Commercial Zoning Disu-ict) to the Planned Development (PD) District as depicted in the Draft Ordinance in Exhibit 3 and the Draft Development Plan in Exhibit 3A of the Planning Commission Staff Report dated October 13, 1998; and WHEREAS, the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the City Environmental Guidelines require that certain projects be reviewed for environmental impact and that environmental documentation be prepared; and WHEREAS, an Initial Study was conducted finding that the project, as proposed, would not have a significant effect on the environment; and WHEREAS, a Negative Declaration has been prepared for this project; and WHEREAS, public notice of a Negative Declaration was given in all aspects as required by State Law; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Planning Commission did review and consider the Negative Declaration at a public hearing on October 13, 1998. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find: I. That the project will not have a significant effect on the environment. ? That the Negative Declaration has been prepared and processed in accordance with State and local environmental laws and guideline regulations, and reflects the independent judgment and analysis of the City of Dublin as Lead Agency. 3. That the Negative Declaration is complete and adequate. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby recommend that the City Council auopt the Negative Declaration for P A 98-042 Duckett- EXHIBIT 3 Wilson Planned Development Rezone and Development Plan. PASSED, APPROVED AND ADOPTED this 13th day of October, 1998. A YES: Cm. Johnson, Musser, and Oravetz NOES: ABSENT: Cm. Jennings, and Hughes Planning Commission Chairperson ATTEST: Community Development Director G:\P A98-042\pcndreso 2 It) 1f /;2- . . . . . . J.d / "":) I'" /r- RESOLUTION NO. 98 - 46 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL APPROVE A PLANNED DEVELOPMENT (PD) DISTRICT REZONE / DEVELOPMENT PLAN FOR P A 98-042, SAN RA.MON VALLEY SHOPPING CENTER (DUCKETT-WILSON) WHEREAS, Patrick Conway of the Duckett-Wilson Management Company, owner of property at 8913 - 8952 San Ramon Road (APN 941-164-3-1) located at the southeast corner of San Ramon Road and Alcosta Boulevard, has requested approval of a zone reclassification for that property from the c-N (Neighborhood Commercial) Zoning District to the Planned Development (PD) District as depicted in the Draft Ordinance in Exhibit 3 and the Draft Development Plan in Exhibit 3A of the Planning Commission Staff Report dated October 13, 1998; and WHEREAS, a complete application for a PD District Rezone and Development Plan is available and on file with the Planning Department; and WHEREAS, the Planning Commission did hold a public hearing on the PD District Rezone and Development Plan on October 13, 1998; and WHEREAS, proper notice of said public hearing was given in all respects as required by 1m\'; and WHEREAS, the application has been reviewed in accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the City Environmental Guidelines, and a Negative Declaration has been prepared because there. will be no environmental impacts; and WHEREAS, the Staff Report was submitted recommending Planning Commission approval of a resolution recommending City Council approval of the PD Planned Development Rezone and Development Plan; and WHEREAS, the Planning Commission heard and considered the proposed Negative Declaration and all said reports, recommendations, written and oral testimony submitted at the public hearing as hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby make the following findings and determinations regarding said proposed PD District Rezone and Development Plan: 1. The Proposed Planned Development Zoning District and Development Plan meet the purpose and intent of Chapter 8.32 of the Zoning Ordinance because they will provide uses that are appropriate for a site which is located at a major intersection and adjacent 1-680. This appropriate combination of uses is not possible under the requirements of the c-N Zoning EXHIBIT 4 /~ c6 /J- district; and 2. Development under the Planned Development Zoning District and Development Plan would be . harmonious and compatible with existing and future development in the surrounding areas and especially with the residential area to the south due to the distance and physical isolation from the residences and due to the similarity of the proposed uses with uses already located at the shopping center; and 3. The PD Rezone is consistent with the general provisions, intent, and purpose of the PD District Zoning District of the Zoning Ordinance in that it contains all information required by Chapter 8.32 of the Zoning Ordinance and accomplishes the objectives of Chapter 8.32, A through H, iJf the Zoning Ordinance; and 4. The subject site is physically suitab1e for the type and intensity of the zoning district being proposed because it is an improved site with adjacent roadways which are designed to carry traffic that would be generated by the proposed types of uses; and 5. The proposed amendment 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 project has been built according to City laws and regulations and because the Planned Development Zoning District will limit land uses to those which are appropriate for this site; and 6. The proposed amendment is consistent with the Retail/Office designation of the Dublin General Plan the proposed use types are permitted by said designation. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby . recommend that the City Council approve a Planned Development District Rezone, as shown in Exhibit 3, and the Development Plan, as shown in Exhibit 3A to the staff report for PA 98-042, which shall constitute regulations for the use, development, improvement, and maintenance of the 2.15 acre property. PASSED, APPROVED AND ADOPTED this 13th day of October, 1998. AYES: NOES: ABSENT: Cm. Johnson, Musser, and Oravetz Cm. Jennings, and Hughes Planning Commission Chairperson ATTEST: Community Development Director . G:\P A98-042\pcpdreso 2