HomeMy WebLinkAboutPC Reso 93-41 PA93-058 Stroud Plaza CUP RESOLUTION NO. 93 - 041
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 93-058 STROUD'S PLAZA CONDITIONAL USE PERMIT
FOR THE MINOR MODIFICATION TO THE APPROVED PLANNED DEVELOPMENT
GENERAL PROVISIONS FOR THE STROUD'S PLAZA SHOPPING CENTER ALLOWING
THE CONSTRUCTION OF A NEW BUILDING AT 7300-7308 SAN RAMON ROAD
WHEREAS, the Applicant/Property Owner, Richard Jeha, requests
approval of a Conditional Use Permit to allow a minor modification to
the approved Land Use and Development Plan for the Stroud's Plaza
Shopping Center, allowing the construction of an approximate 2,048
square foot building to be located at the northeast corner of the site
(7300-7308 San Ramon Road); and
WHEREAS, the proposed Conditional Use Permit is in substantial
conformity with the Site Development Review (PA 90-045.2); and
WHEREAS, the Planning Commission held a public hearing on said
application on November 15, 1993; and
WHEREAS, proper notice of said public hearing was given in all
respects as required by law; and
WHEREAS, This project has been found to be Categorically Exempt
from CEQA under Section 15303, Class 3 of the California Environmental
Quality Act guidelines. The proposed project consists of the
construction and location of a small commercial structure, not
involving the use of significant amounts of hazardous materials; and
WHEREAS, the Staff Report was submitted recommending that the
application be conditionally approved; and
WHEREAS, the Planning Commission did hear and consider all said
reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning
Commission does hereby find that:
The proposed project will serve a public need by providing for a
range of services available to the community.
The proposed use will be properly related to other land uses and
transportation and service facilities in the vicinity, as the
proposed use will be compatible when compared to the type and
nature of operations typically found in the neighborhood.
The use, under all circumstances and conditions of this
particular case, will not materially adversely affect the health
or safety of persons residing or working in the vicinity, or be
materially detrimental to the public welfare or injurious to
property or improvements in the neighborhood, as all applicable
regulations will be met.
Do
The use will not be contrary to the specific intent clauses or
performance standards established for the District in which it is
to be located.
Eo
The approval of this Conditional Use Permit will be consistent
with the Dublin General Plan and the San Ramon Road Specific
Plan.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does
hereby conditionally approve PA 93-058 Stroud's Plaza Conditional Use
Permit as shown on Exhibit A, stamped approved and on file with the
Dublin Planning Department, subject to the approval of the related
Site Development Review (PA 90-045.2) and to the following conditions:
CONDITIONS OF APPROVAL:
Unless stated otherwise, all Conditions of Approval shall be complied
with prior to the issuance of building permits or establishment of
use, and shall be subject to Planning Department review and approval.
The following codes represent those departments/agencies responsible
for monitorinq compliance of the conditions of approval. [PL]
Planning, lB] Building, [PO] Police, [PW] Public Works, [ADM]
Administration/City Attorney, [FIN] Finance, IF] Dougherty Regional
Fire Authority, [DSR] Dublin San Ramon Services District.
PA 93-058 Stroud's Plaza Conditional Use Permit is approved for
the minor modification to the Planned Development General
Provisions allowing the construction of an approximate 2,048
square foot building at the northeast portion of the site. This
approval shall generally conform to the plans prepared by Lee
Gage & Associates, consisting of 3 sheets, dated received by the
Planning Department on October 14, 1993, labeled Exhibit A,
stamped approved and on file. [PL]
Prior to the issuance of a building permit, the Applicant's
voluntary contribution of traffic improvement funds in the amount
of $2,250.00 shall be paid in full to the City. Payment of this
traffic improvement fund shall supersede Condition No. 3 of
Planning Commission Resolution No. 90-053 for PA 90-045.2,
relating to the payment of a traffic impact mitigation fee. [PW,
PL]
Except as specifically modified herein, the Apulicant shall
comply with all Conditions of Approval contained within Planning
Commission Resolution No. 90-053, approving PA 93-045.2 Stroud's
Plaza Addition Site Development Review (see Attachment B-i). [PL]
Except as specifically modified herein, permitted and
conditionally permitted uses occupying Building D shall be as
provided for in City Council Resolutions No. 54-86 and No. 55-86
(see Attachment B-2 and B-3 respectively). [PL]
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Restaurants occupying Building D, which are listed as permitted
uses within the PD District, shall include sit-down type
establishments only. Fast food type restaurants may be permitted
within Building D if approved by a separate Conditional Use
Permit application to establish applicable traffic impact
mitigation fees, and to evaluate on-site parking requirements.
[PL]
e
Trucks with more than two (2) axles shall be restricted to make
deliveries during non-business/non-peak hours. [PL]
The Applicant shall comply with all applicable Planning,
Building, Dougherty Regional Fire Authority and Police Department
regulations and ordinances. [PL, B, F, PO]
The Applicant/Property Owner shall be responsible for clean-up
and disposal of project related trash to maintain a clean,
litter-free site. [PL]
No loudspeakers or amplified music shall be permitted outside the
enclosed buildings. All activities associated with the use shall
be conducted entirely within the enclosed buildings. [PL]
10.
On an annual basis, this Conditional Use Permit approval shall be
subject to Zoning Investigator review and determination as to the
compliance with the Conditions of Approval. [PL]
11.
This approval shall become null and void in the event the
approved use ceases to operate for a continuous one-year period.
[PL]
12.
This permit shall be revocable for cause in accordance with
Section 8-90.3 of the Dublin Zoning Ordinance. Any violation of
the terms or conditions of this permit shall be subject to
citation. [PL]
PASSED, APPROVED AND ADOPTED this 15th day of November, 1993.
AYES:
Commissioners Downey, North, Rafanelli and Zika
NOES:
Commissioner Burnham
ABSENT: None
ATTEST:
Planning Oommissio Chairperson
Planning DirectorO
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