HomeMy WebLinkAboutReso 198-11 6958 Sierra Ct SDR
RESOLUTION NO. 198-11
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
***********
AFFIRMING THE PLANNING COMMISSION'S ADOPTION OF RESOLUTION 11-24
DENYING A SITE DEVELOPMENT REVIEW PERMIT FOR A 4,456 SQUARE FOOT
ADDITION TO AN EXISTING 23,994 SQUARE FOOT BUILDING AT 6958 SIERRA COURT
AND AFFIRMING THE PLANNING COMMISSION'S FINDINGS
PLP A 2011-00020 (APN 941-2576-006)
WHEREAS, the Applicant, Charles Huff (Architect), on behalf of Mr. Brad Brown (Owner),
has requested approval of a Site Development Review permit to allow a 4,456 square foot
addition to an existing 23,994 square foot building at 6958 Sierra Court; and
WHEREAS,' the Applicant has submitted project plans for the requested entitlement
prepared by Charles Huff, AlA received by the Planning Division on May 4, 2011, attached as
Exhibit A and incorporated herein by reference; and
WHEREAS, the project site has a General Plan land use designation of Business
Park/Industrial, which has an allowable Floor Area Ratio (FAR) range of .30 to .40; and
WHEREAS, the FAR for the proposed project (existing building plus proposed addition) is
.48; 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, pursuant to the CEQA, Staff has recommended that the denial of this Project
be found Statutorily Exempt pursuant to Section 15270 of the CEQA Guidelines which states
that Projects which are denied are not subject to the provisions of CEQA; and
WHEREAS, a Staff Report was submitted to the Planning Commission on August 23,
2011 recommending denial of said application, which staff report is incorporated herein by
reference; and
WHEREAS, the Planning Commission did hold a public hearing on said application;
and;
WHEREAS, proper notice of said 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 hereinabove set forth and used its independent judgment to
evaluate the project; and
WHEREAS, on August 23, 2011, the Planning Commission did adopt Resolution 11-24
denying a Site Development Review Permit for a 4,456 square foot addition to an existing
23,994 square foot building at 6958 Sierra Court, which resolution is incorporated herein by
reference; and
Page 1 of 2
WHEREAS, a Letter of Appeal (dated September 1,2011) was submitted within the 10-
day appeal period; and
WHEREAS, a Staff Report was submitted to the City of Dublin City Council
recommending either to affirm Planning Commission Resolution 11-24 denying a Site
Development Review Permit for a 4,456 square foot addition to an existing 23,994 square foot
building at 6958 Sierra Court, or to direct the City Attorney to prepare findings. for the City
Council to reverse the Planning Commission's action. The Staff Report detailed the basis for
the Planning Commission denial and is incorporated herein by reference; and
WHEREAS, the City Council held a public hearing on said appeal on October 4, 2011,
and November 1, 2011; and
WHEREAS, proper notice of said hearing was given in all respects as required by law;
and
WHEREAS, the City Council did hear and consider all said reports, recommendations
and testimony herein above set forth and used its independent judgment to evaluate the
project.
NOW, THEREFORE, BE IT RESOLVED that the City of Dublin City Council does
hereby find that the denial of this Project is Statutorily Exempt from the California
Environmental Quality Act pursuant to Section 15270 of the CEQA Guidelines, which states
that Projects which are denied are not subject to the provisions of CEQA.
BE IT FURTHER RESOLVED that the City of Dublin City Council does hereby verify
that the appeal of the Planning Commission's denial complied with the provisions of Chapter
8.136, Appeals, of the zoning ordinance.
BE IT FURTHER RESOLVED that the City of Dublin City Council does hereby deny the
appeal and affirm Planning Commission Resolution 11-24 denying a Site Development Review
Permit for a 4,456 square foot addition to an existing 23,994 square foot building at 6958
Sierra Court and affirming the Findings set forth in the Planning Commission Resolution.
PASSED, APPROVED AND ADOPTED this 15h day of November 2011 by the following
vote:
AYES: Councilmembers Biddle, Hart, Hildenbrand, and Mayor Sbranti
NOES: Councilmember Swalwell
ABSENT: None
ABSTAIN: None
DLU
Mayor
AT~L fJ~
City Clerk
Reso No. 198-11, Adopted 11-15-11. Item 7.1
Page 2 of 2
Exitbit A to Attachment
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