HomeMy WebLinkAbout8.1, Attmt 1 Reso approving CUP for banquet expansionRESOLUTION NO.
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 98-047) TO EXPAND THE LIST OF CONDITIONAL USES TO INCLUDE A BANQUET
FACILITY
PA 09-006
WHEREAS, the Applicant, Karen Kam, requests approval of a Conditional Use Permit for a
Minor Amendment to the Planned Development Zoning Development Plan for the Koll Corporate Center
(PA 98-047) to expand the list of conditionally permitted uses to include a banquet facility; and
WHEREAS, on December 15, 1998, the City Council adopted Ordinance No.22-98 amending the
zoning map and rezoning the project site to a Planned Development Zoning District and adopting a
Development Plan for the Koll Corporate Center (PA 98-047); and
WHEREAS, the Planned Development Zoning Development Plan established the permitted and
conditionally permitted uses for the project site; and
WHEREAS, a complete application was submitted and is available and on file in the Department
of Community Development; and
WHEREAS, the proposal to add a banquet facility to the list of conditional uses is consistent with
the overall intent of the shopping center which allows neighborhood commercial uses and therefore this
request constitutes a minor amendment to the adopted Development Plan; and
WHEREAS, in accordance with Chapter 8.32.080 of the Zoning Ordinance, the Planning
Commission may approve a Minor Amendment to 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, this project is categorically exempt from the environmental review requirements of
the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing
Facilities) and;
WHEREAS, the Planning Commission did hold a public hearing on said application on October
13, 2009, for this project; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law; and
Attachment 1
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.
NOW, THEREFORE, BE IT RESOLVED THAT the City of Dublin Planning Commission
does hereby make the following findings and determinations.
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 Ulferts Center and is compatible with other land uses,
transportation and services facilities in the vicinity because: the proposed modifications to
conditional uses for the shopping center will enhance the character of the project's existing
uses by providing additional services 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 use is consistent with the existing commercial 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; 2) the existing roadway network leading to
the site; and 3) adequate parking will be required to be provided to support the additional use.
F. The proposed amendment will not be contrary to development regulations or performance
standards for the site because: the proposed conditionally permitted use is compatible with
the existing shopping center and the surrounding residential area.
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 of Campus
Office.
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BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin does hereby
approve PA 09-006 a Conditional Use Permit for a Minor Amendment to the Planned Development
Zoning District (PA 98-047) to expand the list of conditional uses to include a banquet facility with the
amended Development Plan is included as Exhibit A.
PASSED, APPROVED AND ADOPTED this 13`h day of October, 2009 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commissioner Chair
ATTEST:
Planning Manager
G:IPAM20091PA 09-006 Ulferts Signature RoomlPlanning Commission IPCReso-CUP210.13.09.doc