HomeMy WebLinkAboutAttachmt 3 Reso Appv Amendmts to COA for PA06-061
RESOLUTION NO. 08-
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING AMENDMENTS OF THE CONDITIONS 0][< APPROVAL OF THE SITE
DEVELOPMENT REVIEW FOR THE FOUR RETAIL PAD BUILDINGS LOCATED AT THE
SOUTHWEST CORNER OF DUBLIN BOULEVARD ANI> GRAFTON STREET AND
BORDERED BY DUBLIN BOULEVARD AND NORTHSIDE DRIVE IN THE GRAFTON
STATION SHOPPING CENTER (APN 985-0036-009)PREVIOUSL Y APPROVED BY
RESOLUTION NUMBER 07-09 FOR ]tA 06-061
WHEREAS, the Applicant, Stanforth Holding Company. has requested amendment of the
Conditions of Approval of the Site Development Review for the fOUl retail pad buildings that relate to the
provision of public art in Grafton Station, which were previously approved by Resolution Number 07-09
for PA 06-061, APN 985-0036-009; and
WHEREAS, Condition of Approval Number 125 requires th,~ Applicant to install public art in the
traffic circle located at the terminus of Grafton Street; and
WHEREAS, the Applicant has requested that Condition of Approval Number 125 be revised to
allow the Applicant to pay an in-lieu fee for Public Art rather than installing public art on the site, in
accordance with Dublin Zoning Ordinance Chapter 8.58 relating to Public Art Program Contribution; and
WHEREAS, the amendment also adds Condition of ApJroval Number 126 to require the
Applicant to contribute to provide an easement on the site to allow the City the opportunity to install an
art piece on the site in the future, 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 he proposed amendment received by
the Planning Division on May 20, 2008; and
WHEREAS, the application has been reviewed in accordance with the proVISIOns of the
California Environmental Quality Act (CEQA) and this project was Dund 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 June 24,
2008; and
WHEREAS, proper notice of said public hearing was given ill 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 3
WHEREAS, the Planning Commission has found that the p'oposed 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 Conditior.s of Approval is consistent with the
purposes and intent of Chapter 8.104, Site Develo[ment Review, of the Dublin Zoning
Ordinance because: the amendment of the Conditions of Approval will comply with
current City regulations related to the provision ofpuclic 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 G II other requirements of the Zoning
Ordinance because: I) the amended conditions will require that a public art in-lieu fee be
paid 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 an easement is provided on the site for the installation of art on the property in
the future (by the City) 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 Appliccmts comply with the City's adopted
Public Art Master Plan and the Public Art Program Ordinance and therefore the project
will comply with cunent regulations as well as recentl y 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 C )uncil.
E. Approval of this amendment complies with Chapt,~r 8.58 relating to the Public Art
Contribution because: the existing condition will be amended to ensure that an in-lieu
contribution is paid pursuant to Chapter 8.58, Public PIt Program.
BE IT FURTHER RESOL VEl) that the Dublin Planning Commission does hereby approve
amendments to the Conditions of Approval of the Site Developmem Review for the Grafton Station four
retail pad buildings (P A 06-061), as previously approved by Planning Commission Resolution Number
07-09, as described below; all other conditions of approval of thl~ Site Development Review remain
unchanged.
BE IT FURTHER RESOLVED that Condition of Approval Number 125 of Planning Commission
Resolution Number 07-09 is therefore amended to read as follows:
L
Public Art In-Lieu Contribution. In lieu of PL PCS Occupancy Public Art
acqulflng and installing a public art project, the Policy
Applicant has elected to and shall make a public art in-
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lieu contribution payment in accordance with Chapter
8.58 of the Dublin Municipal Code and shall comply
with the Public Art Compliance Report submitted by
Applicant, dated June 6, 2008 and on file with the
Planning Department. The public art in-lieu
contribution payment shall be made prior to the
issuance of the first building permit in the project in
the amount specified III Dublin Municipal Code
section 8.58.050.B (non-residential building more than
50,000 sq. fl.).
BE IT FURTHER RESOLVED that the following Condition of At:proval is therefore added to Planning
Commission Resolution Number 07-.09 as Condition of Approval Number 126:
126 Public Art Easement and Access Easement. The PL PCS Occupancy Public Art
Applicant shall reserve a site and provide a public art Policy
easement and an access easement to the City within the
development project for a future public art project in
accordance with Dublin Municipal Code Section
8.58.050.
PASSED, APPROVED AND ADOPTED this 24th day of June 2008 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chair
ATTEST:
Planning Manager
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