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HomeMy WebLinkAboutReso 148-98 Affirm PC LubeLatte RESOLUTION NO. 148 - 98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AFFIRMING THE ACTION OF THE PLANNING COMMISSION REGARDING PA 98,046 MORGAN STONE'S LUBE 'N' LATTE, CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW FOR A 4,344 SQUARE FOOT DRIVE-THROUGH AUTO BUSINESS PROVIDING OIL CHANGING, ROUTINE CAR MAINTENANCE AND COFFEE BAR SERVICE AT 7375 VILLAGE PARKWAY. WHEREAS, the Applicant, Morgan Stone has requested approval of a Conditional Use Permit and Site Development Review for a 4, 344 square foot drive-through auto business providing oil changing, routine car maintenance and coffee bar service at 7375 Village Parkway in a C-N Neighborhood Commercial Zoning District; and WHEREAS, the California Environmental Quality Act'(CEQA), together with the State guidelines and City environmental regulations require that certain projects be reviewed for~environmental impact and that environmental documents be prepared; and WHEREAS, an Initial Study found that the project would not have an adverse impact on the environment; and WHEREAS, a Negative Declaration has been prepared for this project and is on file in the Dublin Planning Department; and WHEREAS, the Planning Commission held a properly noticed public hearing on said application on September 22, 1998; and did deny PA 98-046 Morgan Stone's Lube 'n' Latte Conditional Use Permit and Site Development Review; and WHEREAS, the ApplicanL"Morgan Stone has appealed the decision of the Planning Commission to the City Council; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Staff Report was submitted recommending that the City Council make a determination based on the provisions of the Appeal Chapter of the Zoning Ordinance; and WHEREAS, the City Council did hear and consider all said reports, recommendations and testimony hereinabove set forth and used their independent judgment to make a decision; and NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does find that:' The proposed use would provide an over-concentration of auto-oriented uses at the intersection of two main arterial streets where existing businesses provide similar services to Dublin residents. The proposed use would prOvide an over-concentration of drive-through uses 'at the intersection of two main arterial streets in downtown Dublin. There are five existing drive-through businesses at this intersection which provide, fast-food and auto-oriented services. Co The appeal of the planning Commission decision to deny PA 98-046 Lube 'n' Latte Conditional Use Permit and Site Development Review complies with the provisions of Chapter 8.136 "Appeals" of the Dublin Zoning Ordinance because the appeal public hearing was properly held and noticed. BE IT FURTHER RESOLVED TIlAT TIlE Dublin City Council does hereby affirm the September 22, 1998, decision of the Planning Commission regarding PA 98-046 Lube 'n' Latte Conditional Use Permit and Site Development Review at 7375 Village Parkway. PASSED, APPROVED AND ADOPTED this 20th day of October, 1998. AYES: Councilrnembers Burton, Howard, Lockhart and Mayor Houston NOES: Councilrnember Barnes ABSTAIN: None ABSENT: None v ~ ~Jty'~l~rk~ 2 Ii/G/10-20-98/resolube. doc g:\pa98046\ccreso2