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HomeMy WebLinkAboutPC Reso 89-028 PA87-127 GreenStRESOLUTION NO. 89 - 028 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 89-054, THE GREEN STORE CQNDITIOI;AL USE PERMIT FOR A MINOR MODIFICATION TO THE PLANNED DEVELOPMENT DISTRICT TO ALLOW PROFESSIONAL OFFICE USES AT 11873 DUBLIN ~HEREAS, Milton E. Righetti, representing Cheung Investment purchaser of the property, APN 941-1550-4, requested approval of a Conditional Use Permit for a minor modification to the PD, Planned Development District to change medical office to professional office; and ~EtLEAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and has been found to be Categorically Exempt, Class 1, Section 15301; and WHEREAS, the Planning Commission held a puWolic hearing on said application on dune 5, 1989; and WI~EREAS, proper notice of said public hearing was given in all respects as required by law; and ~6EP. EAS, the Staff Report was submitted recor~ending that the application be conditionally approved; and ~HEkEAS, the Planning Commission heared and considered all said reports, recommendations and testimony hereinabove set forth; and NOW, THEREFORE, BE IT kESOLVED TF~T TEE Dublin Planning Commission does hereby find that: a) The proposed modification to the existing PD Plarmed Development District will he appropriate for the subject propers/ in terms of allowing professional office uses that will be compatible to existing and proposed land uses in the area and will not overburden public se~ices. b) The proposed modification does not materially change the provisions of the Planned Development District in that the change from medical office to professional office is a minor modification which e×Tands the range of permitted offices to allow uses of similar intensity. c) The use serves the public need by expanding the type of office uses permitted. d) The use will be properly related to o~her land uses and transporatation and service facilities in the vicinity, in that the professional office use is a minor expansion of the permitted medical office use identified in the Planned Development District and is commensurate with the present use of surrounding properties in the neighborhood. e) The use, if permitted under all circumstances and conditions of this particular case, will not materially affect adversely the health or safety of persons residing or working in the vicinity or be ma:erially detrimental to th~ public ~¢elfare or injurious to property or improvements in the area, as all applicable regulations will be met. f) The use will not be contrary to the specific intent clause or performance standards established for the district in which it is to be located, in that the use is consistent with the intent of the PD, Planned Development District and General Plan land use designation for the site on ~hich the project is located. BE IT FURTHER RESOLVED THAT the Dublin Planning Commission does hereby conditionally approve PA 89-054 The Green Store Conditional Use Permit to modify the existing PD District General Provisions Resolution No. 5-88 to change permitted uses 2.k) medical offices to professional offices subject to the following conditions of approval: 1, Professional office uses shall be limited to those uses identified in Section 8-46.1 a) C-O District of the Dublin Zoning Ordinance, 2. Except as specifically modified by this Conditional Use Permit (PA 89-054), the development and establishment ~f uses within this district shall conform to the General Provisions for Planned Development District PA 87-127 as established in City Council Resolution No. 5-88. PASSED, APPROVED AND ADOPTED this 5th day of June, 1989. AYES: Commissioners Barnes, Burnham, Okun and Zika NOES: None ~£SENT: Commissioner Mack ATTEST: Planning Director~ Planning Commission Chairperson