HomeMy WebLinkAbout8.2 Attmt 1 Reso - CUP/PC AmdRESOLUTION NO. 09-XX
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A CONDITIONAL USE PERMIT
FOR A MINOR AMENDMENT TO THE PLANNED DEVELOPMENT ZONING DISTRICT
(PA 00-003) FOR WATERFORD PLACE (FORMERLY EMERALD GLEN VILLAGE CENTER)
TO EXPAND THE LIST OF PERMITTED AND CONDITIONAL COMMERCIAL USES.
PA 09-022
WHEREAS, the Applicant, Shea Properties, has requested approval of a Conditional Use Permit
for a Minor Amendment to the Development Plan to expand the list of permitted and conditionally
permitted commercial uses for Waterford Place (formerly Emerald Glen Village Center); and
WHEREAS, on August 1, 2000, the City Council adopted Ordinance No.18-00 amending the.
zoning map and rezoning the project site to a Planned Development Zoning District and adopting a
Development Plan for Waterford Place (PA 00-003); and
WHEREAS, a complete application was submitted and is available and on file in the Department
of Community Development; and
WHEREAS, the proposal is consistent with the overall intent of the shopping center which allows
neighborhood commercial uses and therefore constitutes a minor amendment to the adopted Development
Plan; and
WHEREAS, the Stage 1 and Stage 2 Development Plan established the permitted and
conditionally permitted uses for the project site; and
WHEREAS, in accordance with Chapter 8.32.080 of the Zoning Ordinance, the Planning
Commission may approve a Minor Amendment of an adopted development plan by means of a
Conditional Use Permit upon a finding that the amendment substantially complies with and does not
materially change the provisions or intent of the adopted Planned Development Zoning District Ordinance
for the site; and
WHEREAS, the California Environmental Quality Act (CEQA), together with State guidelines
and City environmental regulations require that certain projects be reviewed for environmental impacts
and that environmental documents be prepared; and
WHEREAS, the project is located within the Eastern Dublin Specific Plan area, which was the
subject of an Environmental Impact Report (EIR) for the General Plan Amendment and Eastern Dublin
Specific Plan (SCH # 91103064), certified by City Council Resolution 51-93 on May 10, 1993, with
two addenda approved on May 4, 1993 and August 22, 1994. In 2000, a Mitigated Negative
Declaration for the Planned Development Rezoning of the Emerald Glen Village Center (Waterford
Place) was approved by Resolution No. 131-00 of the City Council. After completion of an Initial
Study, it was determined that the rezoning would not have significant environmental impacts which
were not already adequately described and analyzed in the Program EIR. No further environmental
review is needed for the current application because the environmental impacts of this project were fully
Attachment 1
addressed and within .the scope of the final EIR for the Eastern Dublin General Plan Amendment,
Specific Plan and subsequent Addenda and the 2000 Negative Declaration; and
WHEREAS, the Planning Commission did hold a public hearing on said application on July 28,
2009, for this project; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law; and
WHEREAS, a Staff Report was submitted recommending that the Planning Commission approve
the Conditional Use Permit; and
WHEREAS, the Planning Commission did hear and use independent judgment and considered all
said reports, recommendations, and testimony hereinabove set .forth.
Conditional Use Permit:
A. The proposed amendment substantially complies with and does not materially change the
provisions and intent of the adopted Planned Development Zoning District Ordinance and/or
Site Development Review approvals for Waterford Place and is compatible with other land
uses, transportation and services facilities in the vicinity because: the proposed modifications
to the permitted and conditional uses for the shopping center will enhance the character of the
project's existing uses by providing additional services and goods that are compatible with the
existing.
B. The proposed amendment will not adversely affect the health or safety of persons residing or
working in the vicinity, and will not be detrimental to the public health, safety and welfare
because: the proposed new uses are consistent with the existing commercial and residential
land uses that currently exist on the project site.
C. The proposed amendment will not be injurious to property or improvements in the area
because: the proposed changes to the Planned Development Zoning Ordinance conform to the
standards established for the project site as amended.
D. There are adequate provisions for public access, water, sanitation, and public utilities and
services to ensure that the proposed use and related structures would not be detrimental to the
public health, safety, and welfare because: 1) the proposed uses will be operated completely
within an existing building that is serviced by all appropriate utilities and infrastructure; and
2) the area was designed to accommodate a variety of uses and the proposed new uses fits in
with the intended uses of the area.
E. The subject site is physically suitable for the proposed modifications because: 1) the proposed
uses would not create any changed circumstances; and 2) the existing roadway network
leading to the site and the availability of existing parking is adequate to serve the proposed
new uses.
F. The proposed amendment will not be contrary to development regulations or performance
standards for the site because: the proposed permitted and conditionally permitted uses are
compatible with the existing shopping center and the surrounding residential areas.
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G. The proposed amendment is consistent with the Dublin General Plan, Eastern Dublin Specific
Plan, and purpose and intent of the Dublin Zoning Ordinance because: 1) the project consists
of a Minor Amendment to the Planned Development Zoning; 2) the proposed uses are
consistent with the existing General Plan and Specific Plan land use designations.
NOW, THEREFORE, BE IT RESOLVED that .the foregoing recitals are true .and correct and
made part of this resolution.
BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin does hereby
approve the amendments to the Stage 1 Development Plan and the Stage 2 Development Plan for
Waterford Place (formerly Emerald Glen Village Center) (PA 00-003) attached as Exhibit A.
PASSED, APPROVED AND ADOPTED this 28th day of July, 2009 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commissioner Chair
ATTEST:
Planning Manager
G: IPA#120091PA 09-022 Waterford PD AmendmentlPlanning CommissioniPCReso-CUP7.28.09.doc