HomeMy WebLinkAbout8.3 Attch 3 Fallon Shop CtrRESOLUTION NO. 11 - XX
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A CONDITIONAL USE PERMIT TO AMEND THE PLANNED
DEVELOPMENT PLAN FOR FALCON GATEWAY (PA 08-034) BY COMBINING
DEVELOPMENT SHOP SITES 8 AND 9 AND TO ALLOW UP TO 8,376 SQUARE FEET OF
DEVELOPMENT ON THE COMBINED SHOP SITE FOR THE PROJECT KNOWN AS
FALCON GATEWAY SHOPPING CENTER LOCATED AT THE SOUTHWEST CORNER OF
DUBLIN BOULEVARD AND FALCON ROAD
(PORTION OF APN 985-0027-009-03)
WHEREAS, BJ's Restaurants, Inc. and Stanforth Holdings LLC, developer(s) of Fallon
Gateway, has filed an application request for a Conditional Use Permit to amend the Planned
Development Zoning PA 08-034, adopted by Ordinance 09-09, to combine Shop Sites 8 and
9 for the development of a 8,376 square foot free-standing restaurant building; and
WHEREAS, Section 8.32.080 of the City of Dublin Zoning Ordinance, Planned
Development Zoning District, states that the Planning Commission by means of a Conditional
Use Permit may approve minor amendments to an adopted Planned Development upon a
finding that the amendment substantially complies with and does not material change the
provisions or intent of the adopted Planned Development Zoning Ordinance for the site; and
WHEREAS, the area within PA 08-034 allows for various general commercial uses;
and
WHEREAS, the proposed use of full-service restaurant and micro-brewery
(brewhouse) are permitted uses; and
WHEREAS, the proposed site reconfiguration and restaurant construction would not
exceed allowable building area for the Fallon Gateway project; and
WHEREAS, there is adequate parking and circulation (both vehicular and pedestrian)
adjacent to the proposed restaurant site; and
WHEREAS, the Planning Commission of the City of Dublin held a public hearing on
said application request on September 27, 2011, and
WHEREAS, proper notice of said public hearing was given in all respects as required
by law; and
WHEREAS, the Planning Commission did hear and consider all said reports,
recommendations and testimony herein above set forth and used its independent judgment
to evaluate the project.
ATTACHMENT 3
WHEREAS, the proposed amendment to the Planned Development Plan (PA 08-034)
has been reviewed and has been determined to be consistent with the Eastern Dublin
Specific Plan, which was adopted in 1994 and has a certified Program EIR (SCH No. 91-
103064). Pursuant to the California Environmental Quality Act (CEQA), the proposed project
is within the scope of the Final Environmental Impact Report for the Eastern Dublin General
Plan Amendment and Specific Plan, which was certified by the City Council by Resolution
No. 51-93 and the Addenda dated May 4, 1993 and August 22, 1994 (the "FEIR"); and
WHEREAS, in 1997, a Negative Declaration was approved by the City Council in
Resolution No. 140-97 for the Planned Development Rezoning of Dublin Ranch Areas B-E,
which includes the Fallon Gateway site. After completing an Initial Study, it was determined
that the Planned Development rezoning would not have any significant environmental
impacts which were not already adequately described and analyzed in the Program EIR. The
project as proposed does not exceed the thresholds identified in the Negative Declaration,
and no further environmental document is needed.
WHEREAS, the Staff Report was submitted recommending the Planning Commission
approve the Conditional Use Permit in accordance with the findings referenced below, 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:
A. The proposed use and related structures is compatible with other land uses,
transportation and service facilities in the vicinity in that the proposed restaurant
use and related structure allowed by the proposed amendment in place of two
separate buildings of retail shops and services is compatible with other land
uses, transportation, and service facilities approved for the vicinity.
B. It will not adversely affect the health or safety of persons residing or working in
the vicinity, or be detrimental to the public health, safety and welfare in that it is
a complementary commercial use and would not exceed allowable building
area for the Fallon Gateway project.
C. The proposed amendment will not be injurious to property or improvements in
the neighborhood in that: as full-service restaurants and micro-breweries
(Brewhouse) are permitted uses by PD PA 08-034 and would not violate any
standards.
D. The proposed amendment will allow adequate provisions for public access,
water, sanitation, and public utilities to ensure that the proposed use and
related structure(s) will not be detrimental to the public health, safety, and
welfare in that: 1) all infrastructure needed to serve the project site has been
constructed; and 2) the amended site configuration will reflect the scale, design,
and function of the other structures in that area in the Phase III segment of the
site plan and in the Fallon Gateway project over all.
E. The subject site is physically suitable for the type, density and intensity of the
use and related structures being proposed in that: 1) The proposed
combination of Shop Sites 8 and 9 proposed for amendment is physically
suitable for the type, density, and intensity of the use and related structures
being proposed; 2) it would be adjacent to other similar and complementary
free-standing commercial structures proposed for Fallon Gateway; and 3) there
would be adequate parking based on the adopted standards in the PD
development regulations.
F. The proposed amendment will not be contrary to the specific intent clauses,
development regulations, or performance standards established for the PA 08-
034 because it: 1) still will meet the intent and be subject to the development
regulations and the performance standards adopted with the PA 08-034 Stage
1 Planned Development zoning ordinance (Ordinance 09-09), adopted on June
16, 2009, and the Site Development Review and Site Development Review
Amendment by the Planning Commission by Resolution 10-32.
G. The proposed amendment is consistent with the Dublin General Plan and with
any applicable Specific Plans in that: it would allow commercial density,
coverage, and parking provided to remain consistent with the Dublin General
Plan and the Eastern Dublin Specific Plan.
NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the Planning Commission
of the City of Dublin does hereby approve PLPA 2010-00031, Conditional Use Permit to
amend the Planned Development Plan (PA 08-034) for Fallon Gateway to modify the
approved distribution of commercial structures by combining Shop Sites 8 and 9 for
development of an 8,376 square foot, free-standing restaurant building.
PASSED, APPROVED AND ADOPTED this 27th day of September 2011.
AYES:
NOES:
ABSENT:
Planning Commission Chairperson
ATTEST:
Planning Manager
G:1PA#120111PLPA-2011-00031 BJs Brewery Fallon GatewaylPC Reso CUP BJs 9.27.11.docx