HomeMy WebLinkAbout8.3 Attch 2 PC Reso apprv CUP-Fallon GatewayRESOLUTION 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 FALCON GATEWAY
APN: 985-0027-009-03
PA 08-034
WHEREAS, the Applicant 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 proposal 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 Falcon
Gateway center are consistent with the Site Development Review modifications that Target
received approval for in May 2010; and
WHEREAS, Section 8.3fi.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 Conc~itionaf 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
ATTACHMENT 2
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 Speck 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:
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.
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2. The proposed amendment will not adversely affect the health or safety of persons
residing or working in the vicinify, and will not be detrimental to fhe public health,
safety and welfare because: the modification will not allow additional development
potential.
3. The proposed amendment will not be injurious to property or improvements in fhe
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, wafer, sanitation, and public
utilities and se-vices 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 fo 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:
7. The proposed SDR amendment is consistent with the purposes of Phis 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 fhe provisions of Tale 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, fhe vicinify, 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,
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screening of unsightly uses, lighfing, 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 plant materials, and similar elements have been incorporated into the
project to ensure visual relief, adequafe 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:
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TYF'IC.Ai. FCFV,ATI(11 FAC.1~G ?ARf;SP~G
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:
ATTEST:
Plann' g Hager
G:\PA#\2008\PA 08-034 Fallon Gateway (Target)\Planning Commission 8.10.10 CUP amend PD.DA\PC Reso CUP.doc
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