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HomeMy WebLinkAboutPC Reso 08-12 Appv Amndmts to COA SDR for 4 Retl Pads Grafton Sta RESOLUTION NO. 08 - 12 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 FOUR RETAIL PAD BUILDINGS LOCATED AT THE SOUTHWEST CORNER OF DUBLIN BOULEVARD ANn GRAFTON STREET AND BORDERED BY DUBLIN BOULEVARD AND NORTHSIDE DRIVE IN THE GRAFTON ST A TION SHOPPING CENTER (APN 985-0036-009)PREVIOUSL Y APPROVED BY RESOLUTION NUMBER 07-09 FOR FA 06-061 WHEREAS, the Applicant, Stanforth Holding Company, has requested amendment of the Conditions of Approval of the Site Development Review for the four retail pad buildings that relate to the provision of public art in Grafton Station, which were previously approved by Resolution Number 07-09 for P A 06-061, APN 985-0036-009; and WHEREAS, Condition of Approval Number 125 requires the 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 that 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 Approval Number 126 to require the Applicant to contribute to provide an easement on the site to allow lhe City the opportunity to install an art piece on the site in the future, in accordance with Dublin Zonin~; 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 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 10und 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 in all respects as required by law; and WHEREAS, the Staff RepOlt was submitted recommending that the application be conditionally approved; and WHEREAS, the Planning Commission did hear and consid(:r all said reports, recommendations and testimony herein above set forth and used its independent judgme1t to make a decision; and WHEREAS, the Planning Commission has found that the plOposed 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 Condition~ 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 Conditi:ms of Approval will comply with current City regulations related to the provision of pub tic 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 aU other requirements of the Zoning Ordinance because: ]) the amended conditions will require that a public art in-lieu fee be paid in accordance with the City's Public Art Maste- 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 s,1jety 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 recentl~' 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 Conditicns 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 an in-lieu contribution is paid pursuant to Chapter 8.58, Public Art Program. 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 Grafton Station four retail pad buildings (PA 06-061), as previously approved by Plannhg Commission Resolution Number 07-09, as described below; all other conditions of approval of the 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: 125 Public Art In-Lieu Contribution. In lieu of acquiring and installing a public art project, the A licant has elected to and shall make a ublic art in- PL, PCS Occupancy Public Art Policy 2 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 m Dublin Municipal Code section 8.58.050.B (non-residential building more than 50,000 sq. ft.). BE IT FURTHER RESOLVED that the following Condition of Approval 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 200g by the following vote: AYES: Tomlinson, Wehrenberg, Biddle and King NOES: ABSENT: Schaub ABSTAIN: rtiJ ATTEST: G:\PA#\2008\PA 08-010 Grafton Pads A and E\PC Mtg 6.24.08\PC Reso public art for 06-061.doc 3