HomeMy WebLinkAboutPC Reso07-40 Amnd Zoning Map & Appv PD Rez Custom Fireplace, Patio & BBQ
RESOLUTION NO. 07-40
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL AMEN[) THE ZONING MAP AND
APPROVE A PLANNED DEVELOPMENT REZONE WITH STAGE 2 DEVELOPMENT PLAN
FOR CUSTOM FIREPLACE, PATIO AND BBQ LOCATED AT 7099 AMADOR PLAZA ROAD
(APN 941-0305-026)
PA 07-001
WHEREAS, the Applicant, Architectural Networks, Inc. on behalf of the property owner and
business owner, Walt Ligon, has requested approval of an amendment to the Downtown Core Specific
Plan to change the Retail/Automotive land use designation to Rdail/Office for 1.94 acres of land;
approval of a PO, Planned Development Rezone with a Stage 2 Development Plan in accordance with the
Downtown Core Specific Plan; approval of a Conditional Use Perrrit for Retail - Outdoor Storage; and
approval of Site Development Review to construct an approximately 10,900 square foot addition to an
existing 9,370 square foot building, related site improvements including new parking and circulation, new
landscaping and fencing and a new trash enclosure, and a new wall sign located at 7099 Amador Plaza
Road (the "Project"); and
WHEREAS, the Project site is located within the Downtown Core Specific Plan area ("Specific
Plan area"); and
WHEREAS, the Applicant is requesting an amendment to the Downtown Core Specific Plan
("Specific Plan Amendment") to change the Retail/Automotive land IIse designation for 1.94 acres of land
at 7099 Amador Plaza Road to Retail/Office to allow for the expansion of an existing building and the
establishment of a retail commercial tenant, Custom Fireplace, Patio and BBQ; and
WHEREAS, should the City Council approve the request iar a Specific Plan Amendment, the
Applicant is also seeking approval of a Planned Development Rezom with a Stage 2 Development Plan in
accordance with the provisions of the Downtown Core Specific Plan; and
WHEREAS, the Specific Plan area is zoned PD, Planned Development (Ord. 03-02) and requires
that a Planned Development Rezone with Stage 2 Development Plan and Site Development Review be
approved prior to the development of property within the Plan area; and
WHEREAS, the Applicant has submitted a complete applicajon which is available and on file in
the Planning Division for a Downtown Core Specific Plan Amendment; PO, Planned Development
Rezone and Stage 2 Development Plan; Conditional Use Permit; and Site Development Review for the
above described project; and
WHEREAS, the Stage 2 Development Plan establishes the following: 1) compatibility with the
Stage 1 Development Plan, the Downtown Core Specific Plan; 2) a statement of proposed uses; 3) a Stage
2 Site Plan; 4) Site area and proposed densities; 5) development re:~lations; 6) architectural standards;
and 7) a preliminary landscape plan; and
WHEREAS, the California Environmental Quality Act (CEQA), together with State CEQA
Guidelines, requires that certain projects be reviewed for environmental impacts and that environmental
documents be prepared; and
WHEREAS, on December 19, 2000, the Dublin City Council certified a Negative Declaration for
the Downtown Core Specific Plan (Resolution 226-00); and
WHEREAS, the Downtown Core Specific Plan states that mljor amendments to the Specific Plan
are subject to additional environmental review pursuant to CEQA; and
WHEREAS, the Project has been reviewed in accordance with CEQA and a determination has
been made that the proposed Specific Plan Amendment is not a major amendment; therefore, Staff is
recommending that the Project be found Categorically Exempt fron CEQA pursuant to Section 15332,
In-Fill Development Projects; and
WHEREAS, the City of Dublin Planning Commission ("Panning Commission") held a public
hearing on said application on August 14,2007; and
WHEREAS, proper notice of said hearing was given in all respects as required by law; and
WHEREAS, the Planning Commission did hear and consider all said reports, recommendations
and testimony herein above set forth and used independent judgment to evaluate the project; and
WHEREAS, a Staff Report was submitted recommending that the Planning Commission
recommend City Council approval of a Planned Development Rezone with Stage 2 Development Plan for
Custom Fireplace, Patio and BBQ.
NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission does
hereby find that:
A. The proposed Planned Deve/opment Rezone and Stage 2 Dewlopment Plan meets the purpose and
intent of Chapter 8.32 of the Zoning Ordinance in that: I) they establish development regulations
which are tailored to the site, provide for maximum flexibility and diversification in the
development of the property and are consistent with the Dublin General Plan and Downtown Core
Specific Plan; 2) the integrity and character of the commercial area is preserved and design
features have been incorporated to achieve a development that is compatible with the area; and 3)
the development allows for creative and imaginative design that promotes amenities which are
oriented towards the pedestrian beyond what is expected in cc.nventional developments.
B. Development under the Planned Development Rezone and Stage 2 Development Plan will be
harmonious and compatible with existing and future develop,nent in the surrounding area in that:
I) the proposed uses and development standards are consistent with the adopted Stage I
Development Plan; 2) compliance with the Stage 1 Development Plan ensures that the Project will
be harmonious and compatible with other existing and futme development in the area; and 3)
through compliance with the adopted Stage 1 Development Plan, the Stage 2 Development Plan
for the proposed Project contributes to a pedestrian oriented environment.
C. The Project site is physically suitable for the type and intensity of the zoning district proposed in
that: I) the property is located within an urbanized area; 2) the property is currently developed and
served by all necessary public utilities; and 3) the property i:; surrounded by and compatible with
other commercial uses.
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D. The proposed Planned Development Rezone and Stage 2 Development Plan 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 in that: 1) the Stage 2 Development Plan has been designed in
accordance with the City of Dublin General Plan, Downtown Core Specific Plan and all applicable
development regulations; and 2) the development regulatiors ensure that future development is
compatible with surrounding uses and contributes to a pedestrian friendly environment.
E. The proposed Planned Development Rezone and Stage 2 Devdopment Plan are consistent with all
elements and policies of the Dublin General Plan and the Downtown Core Specific Plan, as
amended. The Stage 2 Development Plan conforms to the el,~ments and policies of those plans in
that: I) the uses permitted within the zoning district are compltible with the General Plan land use
designation of Retail/Office; and 2) the development regulations ensure that development of the
property includes pedestrian friendly amenities such as wider sidewalks, enhanced pedestrian
walkways, a water feature and outdoor display of merchandist:.
BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby recommend
City Council approval of a Planned Development Rezone with a StLge 2 Development Plan (attached in
draft form and labeled Exhibit A) for Custom Fireplace, Patio and BBQ located at 7099 Amador Plaza
Road.
PASSED, APPROVED AND ADOPTED this 14th day of August 2007 by the following vote:
AYES:
Chair Schaub, Vice Chair Wehrenberg, Commssioners Biddle, and King
NOES:
ABSENT:
Commissioner Tomlinson
ABSTAIN:
N d-;j?~
Planning Commission Chair
ATTEST:
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G:IPA#\2007107-00l Custom Fireplace, Patio, BBQIPCIPC Reso Stage 2 PD.doc
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