HomeMy WebLinkAbout8.3 Attch 1 Reso CUP PA 09-035 Grafton StationRESOLUTION NO. 09 - XX
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A CONDITIONAL USE PERMIT TO AMEND THE PLANNED
DEVELOPMENT ZONING DISTRICT FOR PA OS-030 (GRAFTON STATION) RELATED
TO PERMITTED USES AND DEVELOPMENT STANDARDS
PA 09-035
WHEREAS, the Applicant has requested approval of a Conditional Use Permit to make a minor
amendment to the Planned Development Zoning District at Grafton Station (PA OS-030) related to
permitted uses and development standards; and
WHEREAS, the amendments to the list of Permitted Uses would allow outdoor dining by right
(permitted use); and
WHEREAS, the amendments to the development standards would modify the parking
requirements for various uses; and
WHEREAS, the. Stage 2 Planned :Development Rezone including the Development Plan was
adopted by the Council on September 5, 2006; and
WHEREAS, Section 8.36.080 of the Dublin Zoning Ordinance allows the Planning Commission,
by means of a Conditional Use Permit, to make minor amendments to an adopted Planned Development,
upon 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 Project is within the General Plan Eastern Extended Planning Area and the
Eastern Dublin Specific Plan area, for which a Program Environmental Impact Report (EIR) was certified
pursuant to the California Environmental Quality Act (CEQA} by the City Council by Resolution No. 51-
93 and the Addenda dated May 4, 1993 and August 22, 1994 (the "Eastern Dublin EIR") (SCH
91103064). The Eastern Dublin EIR identified significant unavoidable impacts from development of the
Eastern Dublin area, some of which would apply to the Project; and
WHEREAS, the City Council approved a Mitigated Negative Declaration by Resolution No. 34-
00 (entitled and hereinafter referred to as the "1999 Mitigated Negative Declaration"); and
WHEREAS, pursuant to the CEQA, an Addendum to the Eastern Dublin Specific Plan area
Program Environmental Impact Report (the "Eastern Dublin EIR"), which was certified by the City
Council by Resolution No. 51-93, was adopted by the City Council on August 15, 2006 for Grafton
Station; and
WHEREAS, the Planning Commission did hold a public hearing on said application on
November 24, 2009, for this project; and
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and
WHEREAS, proper notice of said public hearing was given in all respects as required by law;
WHEREAS, a Staff Report was submitted recommending that the Planning Commission
approve the Conditional Use Permit to allow minor modification to the adopted Planned Development
Zoning District for Grafton Station; 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 Planning Commission of the City of Dublin
does hereby make the following findings and determinations regarding the proposed Conditional Use
Permit:
A. Pursuant to Section 8.36.080 of the Dublin Zoning Ordinance, the Planning Commission of the
City of Dublin finds as follows:
The proposed amendment substantially complies with and does not materially change. the
provisions and intent of the adopted Planned Development Zoning District Ordinances and/or the
Site Development Review approvals. for Grafton Station because the. proposed amendment will not
allow additional development potential and the proposed amendments are consistent with the use
of the site which is a retail center.
B. Pursuant to Section 8.100.060 of the Dublin Zoning Ordinance, the Planning Commission of the
City of Dublin finds as follows:
The proposed amendment substantially complies with and does not materially change the
provisions and intent of the adopted Planned Development Zoning District Ordinances
and/or the Site Development Review approvals for Grafton Station and is compatible with
other land uses, transportation and service facilities in the vicinity because: the proposed
amendment will not allow additional development potential and the proposed
modifications are consistent with a retail shopping center and outdoor dining is consistent
with the intent of the center which is to provide a vibrant commercial center for the City.
2. 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 modification will not allow additional development potential and
adequate parking will continue to be located on the site.
3. The proposed amendment will not be injurious to property or improvements in the area
because: the amendment will not increase the overall floor area of the Grafton Station
shopping center and adequate parking will continue to be provided on the site.
4. There are adequate provisions for public access, water, sanitation, and public utilities and
services to ensure that the amendment would not be detrimental to the public health,
safety, and welfare because: the proposed modification will not increase the overall square
footage of the commercial development.
5. The subject site is physically suitable for the proposed modifications because: the site is
designed as a retail center and outdoor dining is consistent with the intent of the center, as
required by the Zoning Ordinance, any outdoor dining will require approval of a Site
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Development Review Waiver and Staff will review these requests to determine if any
impacts will result from the outdoor dining area.
6. The proposed amendment will not be contrary to develapment regulations or performance
standards for the site because: the site has been designated for commercial development
and the modification is consistent with the provisions of the Stage 2 Rezone.
7. The proposed amendment is consistent with the Dublin General Plan, Eastern Dublin
Specific Plan, and the purpose and intent of the Dublin Zoning Ordinance because: the
amendment is minor in nature and will allow expanded uses at Grafton Station.
BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin does hereby
approve the Conditional Use Permit for PA 09-035 to amend the Planned Development Zoning District
(PA OS-030) for Grafton Station as shown on the amended Stage 2 Development Plan incorporated herein
and attached as Exhibit A and Exhibit B. This amendment replaces the list of permitted and conditionally
permitted uses found in the Stage 2 Planned Development booklet received by the Planning Division on
August 7, 2006 and stamped approved and Exhibit C-1 of Ordinance 12-06.
PASSED, APPROVED AND ADOPTED this 24th day of November 2009 by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
Planning Commission Chairperson
Planning Manager
G:~PA#~2009~PA 09-035~PC Reso CUP.doc
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