HomeMy WebLinkAboutPCReso02-44 PA02-059 CUP to Amend DubRnch PD RESOLUTION NO. 02 - 44
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING CONDITIONAL USE PERMIT, PA 02-059, TO AMEND THE PLANNED
DEVELOPMENT REZONE DEVELOPMENT STANDARDS OF PA 95-030 DUBLIN RANCH
PHASE I, ALSO IDENTIFIED BY THE FOLLOWING TRACT NUMBERS: 6962, 6963, 6964,
6956, 6957, 6958, 6959, 6960, AND 6961 AND PA 96-038 DUBLIN RANCH AREA A: A-l, A-6,
AND A-7, ALSO IDENTIFIED BY THE FOLLOWING TRACT NUMBERS: 7136, 7141, AND
7142.
WHEREAS, the City of Dublin initiated a Conditional Use Permit to make a minor amendment to
the adopted Development Plan of Dublin Ranch Phase I and Dublin Ranch Area A: A-I, A-6, and A-7 to
legalize the existing excess lot coverage within these projects;
WHEREAS, the adopted Planned Development Zoning District Ordinances for Dublin Ranch
Phase I and Dublin Ranch Area A: A-l, A-6, and A-7 required that the R-1 District provisions apply to the
areas;
WHEREAS, Section 8.36.020(A) of the Dublin Zoning Ordinance stipulates that the maximum
lot coverage for single story residences is 40% and two story homes is 35%.
WHEREAS, Section 8.36.100 of the Dublin Zoning Ordinance defines lot coverage as the
maximum lot area that may be covered with buildings and structures;
WHEREAS, residences within both Dublin Ranch Phase I and Dublin Ranch Area A: A-1, A-6,
and A-7 were approved in excess to the lot coverage regulations contained with Section 8.36.020(A) of
the Dublin Zoning Ordinance;
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,
Development Plan by means of a Conditional Use Permit upon a finding that the amendment substantially
complies with the and does not materially change the provisions or intent of the adopted Planned
Development Zoning District Ordinance for the site;
WHEREAS, this project is part of 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), CEQA Guidelines Section 15182, 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 "EIR").; and
WHEREAS, the Planning Commission did hold a public hearing on said application on
December 10, 2002, 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 make minor modification to the adopted Development Plan;
and
WHEREAS, the Planning Commission did hear and use their 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:
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 the two areas and is compatible with other land uses,
transportation and service facilities in the vicinity because the proposed amendment will not allow
additional development potential or additional coverage to those residences already over the 35%
maximum.
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
is will not allow additional development potential.
Co
There are adequate provisions for public access, water, sanitation, and public utilities and services
to ensure that the amendment would not be detrimental to the public health, safety, and welfare.
The area is currently developed and no additional development potential will result from the
proposed amendment.
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The Planning Commission does hereby find that the amendment substantially complies with and
does not materially change the provisions and intent of the adopted Planned Development Zoning
District Ordinance for the projects because the amendment recognizes the excess lot coverage and
changes the status of these residences from legal non-conforming to legal conforming.
Additionally amending the Planned Development Zoning District would not allow additional
development potential or additional coverage to those residences already over the 35% maximum.
Fo
The proposed amendment is consistent with the Dublin General Plan and the Dublin Zoning
Ordinance.
BE IT FURTHER RESOLVED THAT THE Planning Commission of the City of Dublin does hereby
approve the Conditional Use Permit for PA 020-59, Dublin Ranch Phase 1 Planned Development, also
identified by the following Tract Numbers: 6962, 6963, 6964, 6956, 6957, 6958, 6959, 6960, and 6961,
and for Dublin Ranch Area A: A-l, A-6, and A-7, also identified by the following Tract Numbers: 7136,
7141, and 7142, to amend the Planned Development Rezone Development Standards to legalize the
existing excess lot coverage within these projects and change the status of these residences from legal
non-conforming to legal conforming in respect to the Zoning Ordinance.
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PASSED, APPROVED AND ADOPTED this 10th day of December, 2002.
AYES: Cm. Johnson, Jennings, Musser, Fasulkey and Nassar
NOES:
ABSENT:
ATTEST:
Plannin~ Manager
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