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HomeMy WebLinkAboutPC Reso 10-32 Fallon Gateway CUP RESOLUTION NO. 10 - 32 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT TO AMEND THE PLANNED DEVELOPMENT ZONING AND A SITE DEVELOPMENT REVIEW AMENDMENT FOR FALLON GATEWAY APN: 985-0027-009-03 PA 08-034 WHEREAS, the Appiicant has requested approval of a Conditional Use Permit and a Site Development Review Amendment to make minor amendments to the adopted Planned Development and Site Development Review permit for Fallon Gateway; and WHEREAS, the proposai will not increase the total square footage of the retail shopping center and therefore constitutes a minor amendment to the Planned Development; and WHEREAS, in April 2009, the Planning Commission approved Resolution 09-18 approving a Site Development Review application for Phases 1, 2 and 3 of Fallon Gateway; and WHEREAS, in June 2009, the City Council adopted Ordinance No. 9-09 approving an amendment to the Planned Development district for Dublin Ranch Area C, specifically for Fallon Gateway, which established architectural and landscape design criteria, parking standards and uses for the entire project site; and WHEREAS, in May 2010, the Community Development Director approved minor faCade modifications for the anchor tenant of the Fallon Gateway center (Target); and WHEREAS, the proposed Site Development Review amendments for the Fallon Gateway center are consistent with the Site Development Review modifications that Target received approval for in May 2010; 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, Section 8.104.070 of the Dublin Zoning Ordinance states that when a Site Development Review is required for a project which is also subject to a Conditional Use Permit, it shall be reviewed to the same decision-maker body, which in this case is the Planning Commission; 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 1997, a Negative Declaration for the Planned Development Rezoning of Dublin Ranch Areas B-E was approved by Resolution No. 140-97 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 addressed and within the scope of the final EIR for the Eastern Dublin General Plan Amendment, Specific Plan and subsequent Addenda and the 1997 Negative Declaration; and WHEREAS, the Planning Commission did hold a public hearing on said application on August 10, 2010, 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 to allow minor modification to the adopted Development Plan and Site Development Review Amendments for Fallon Gateway; 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 Fallon Gateway because the proposed amendment will not allow additional development potential in terms of new or larger retail pads and will only allow minor modifications to the architectural and landscape design criteria. B. Pursuant to Section 8.100.060 of the Dublin Zoning Ordinance, the Planning Commission of the City of Dublin finds as follows: 1. 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 Fallon Gateway and is compatible with other land uses, transportation and service facilities in the vicinity because: the proposed amendment will not allow additional development potential in terms of new or larger retail pads and will only allow minor modifications to the architectural and landscape design criteria. 2 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 wili not allow additional development potential. 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 Fallon Gateway shopping center. 4. There are adequate provisions for public access, water, sanitation, and public ufilities 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 siting of the various buildings are not changing. 6. The proposed amendment will not be contrary to development 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 amendment to the Planned Development district for Dublin Ranch Area C. 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 results in minor modifications to the architectural and landscape design criteria for the shopping center. 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 Site Development Review Amendments: 1. The proposed SDR amendment is consistent with the purposes of this Chapter, with the General Plan and with any applicable Specific Plans and design guidelines because: the proposed SDR amendments are minor in nature and results in minor modifications to the architectural and landscape design criteria for the shopping center. 2. The proposed SDR amendment is consistent with the provisions of Title 8, Zoning Ordinance because: the commercial center is compatible with the approved uses for the Site and no changes to the permitted, conditional or temporary uses for the site are being requested. 3. The proposed SDR amendment is appropriate to the City, the vicinity, surrounding properties and the lot in which the project is proposed because: the amendment will not increase the overall floor area of the Fallon Gateway shopping center and the siting of the various buildings is not changing. 4. The subject site is physically suitable for the type and intensity of the approved development because: the proposed modification will not increase the overall square footage of the commercial development. 5. Impacts to existing slopes and topographic features are addressed because: the site is relatively flat. 6. Architectural considerations including the character, scale and quality of the design, site layout, the architectural relationship with the site and other buildings, 3 screening of unsightly uses, lighting, building materials and colors and similar elements result in a project that is harmonious with its surroundings and compatible with other development in the vicinity because: the project includes design and landscape criteria to create an attractive shopping center which is compatible with the surrounding development. 7. Landscape considerations, including the location, type, size, color, texture and coverage of planf maferials, and similar elements have been incorporated into the project to ensure visual relief, adequate screening and an attractive environment for the public because the project includes attractive landscaping and site elements including light fixtures, benches, plazas and pedestrian paths to create an attractive landscape palette and material palette for the commercial center. 8. The site has been adequately designed to ensure proper circulation for bicyclists, pedestrians and automobiles because the proposed SDR amendments will not result in changes to the siting of the various buildings or access to the site : NOW, THEREFORE, BE IT RESOLVED that pages labeled Fallon Gateway Monument, Fallon Gateway Entrance Monument, Retail Shops Typical Elevations for Retail Shops (2 sheets), Retail Shops Typical Elevations for Majors, Retail Shops Architectural Features (4 sheets) in the Fallon Gateway Planned Development Rezone & Site Development Review booklet dated April 28, 2009 and stamped approved are hereby superceded and replaced with the following: UprgNshmbatosaeen ~ SHOPS 5 Ahr~g`°'""f1AO1B6- FALLOVGATBWAY See Pmvawd MNt paiette aheat L1.2 Cdnxvtlrarororewilhscamgparplan - ~ ~ . 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[~tr.r~ M1art~ CONCEPTUAL RETAiL BLDGS. - SHOPS 7 BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin does hereby approve the Conditional Use Permit and Site Development Review Amendment for PA 08-034 to amend the Development Plans for Fallon Gateway including changes to the architectural design and landscape as shown on the amended Development Plan incorporated herein. PASSED, APPROVED AND ADOPTED this 10th day of August 2010 by the following vote: AYES: King, Brown, Schaub, Wehrenberg, Swalwell NOES: ABSENT: i ~ ATTEST: Pla ing Comm ssion airperson ~ \ Plann' g nager G:\PA#\2008\PA 08-034 Fallon Gateway (Target)\Planning Commission 8.10.10 CUP amend PD.DA\PC Reso CUP.doc 8