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HomeMy WebLinkAboutPC Reso 02-30 PA02-009 ArmstrnGdn PD Rezone RESOLUTION NO. 02-30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THE CITY COUNCIL ADOPT THE ORDINANCE APPROVING THE PLANNED DEVELOPMENT (PD) REZONING/DEVELOPMENT PLAN (STAGE 1 & 2) FOR PA 02-009 ARMSTRONG GARDEN CENTER LOCATED AT 7360 SAN RAMON ROAD WHEREAS, the Applicant, Ted J. Stelzner of TJS Architects, Inc., on behalf of Armstrong Garden Centers, has requested approval of an amendment to the San Ramon Specific Plan, PD Rezoning, Conditional Use Permit, Site Development Review and Sign/Site Development Review to construct an approximately 30,810 square foot retail garden center, consisting of a 6,400 square foot retail sales building and adjacent 24,410 square foot outdoor storage/display area, with an exemption to the parking requirements, which is located at 7360 San Ramon Road, within the San Ramon Road Specific Plan and the C-l, Retail Commercial Zoning District; and WHEREAS, according to the "General Development Criteria" section of the San Ramon Road Specific Plan, all new development proposals within the Specific Plan area shall require a Planned Development Zoning; and WHEREAS, Applicant/Developer has submitted a complete application for a Planned Development District Rezoning, including a Development Plan (Stage 1 and 2), 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 project has been reviewed in accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the City of Dublin Environmental Guidelines and is Categorically Exempt from the provisions of CEQA, the State CEQA Guidelines and the City of Dublin Environmental Guidelines, under Section 15061(b)(3) and Section 15332, as there is no potential for significant environmental effects to occur as a result of the project and the project would be located on an infill site which was previously improved; and WHEREAS, the Planning Commission held a public hearing on said application on August 13, 2002; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted to the Planning Commission recommending approval of the project; and WHEREAS, the Planning Commission did hear and use their independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. ATTACHMENT 3 NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the Dublin Planning Commission does hereby make the following findings and determinations regarding said proposed Planned Development Rezoning: 1. The Planned Development Zoning District and Development Plan (Stage 1 and 2) meet the purpose and intent of Chapter 8.32 of the Zoning Ordinance because they will provide a retail commercial use that is an appropriate use for the site, located within Area 3 of the San Ramon Road Specific Plan which promotes the development of retail shopper stores, and which is located near adjacent retail commercial and medium to high density residential land uses. The comprehensive Development Plan will be sensitive to surrounding uses by virtue of site layout and design of the architecture and site plan; and 2. Development under the Planned Development Zoning District and Development Plan (Stage 1 and 2) would be harmonious and compatible with existing and future development in the surrounding areas due to site design/layout, architecture design, setback, parking and landscaping requirements of the Planned Development Zoning District, which are adequate and have been specially designed to fit into the existing neighborhood. Both uses are supportive of surrounding retail and residential uses through the provision of retail garden center and related services for adjacent residents, Community residents, and businesses in the surrounding commercial areas, and supportive of similar surrounding retail commercial uses; and 3. The Planned Development (PD) Rezone is consistent with the general provisions, intent, and purpose of the PD Zoning District of the Zoning Ordinance in that it contains all information required by Section 8.32 of the Zoning Ordinance for a Stage 1 and Stage 2 Development Plan and accomplishes the objectives of Section 8.32.010, A through H, of the Zoning Ordinance; and 4. The subject site is physically suitable for the type and intensity of the zoning district being proposed because it is located on relatively flat land within a developed downtown area adjacent to existing retail commercial uses and medium to high density residential uses, was previously developed, and because it is located adjacent to roadways which are designed to carry traffic that would be generated by the proposed types of uses; and 5. The Planned Development Rezone will not have a substantial adverse effect on health or safety or be substantially detrimental to the public welfare or be injurious to property or public improvement as all applicable laws and regulations will be satisfied; and 7. The Planned Development Rezone will not overburden public services as all agencies must commit to the availability of public services prior to the issuance of building permits as required by City laws and regulations; and 8. The Planned Development District Rezoning and accompanying Conditional Use Permit, Site Development Review and Sign/Site Development Review, will create an attractive, efficient, and safe environment; and 9. The Planned Development District Rezoning will benefit the public necessity, convenience, and general welfare; and 2 10. The Planned Development District Rezoning and accompanying Conditional Use Permit, Site Development Review and Sign/Site Development Review will be compatible with and enhance the general development of the area; and 11. The proposed amendment is consistent with the Retail/Office designation of the Dublin General Plan and 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 Zoning District and Development Plan for PA 02-009 Armstrong Garden Center, with Development Plan attached as Exhibit C, which constitute regulations for the use, improvement, and maintenance of the property. Except as specifically identified otherwise in the approved Development Plan, development and operation of land use activities within this Rezoning shall be subject to the current City of Dublin Zoning Code and to the approval of the related San Ramon Road Specific Plan Amendment, Conditional Use Permit, Site Development Review, Sign/Site Development Review. PASSED, APPROVED AND ADOPTED this 13th day of August 2002. AYES: Musser, Nassar, Fasulkey NOES: Jennings ABSENT: Johnson ATTEST: Commtmi~ ]Development Director l~~is ~i'on Vice-Chairperson g:\02-009~PD Rcso - PC.doc