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HomeMy WebLinkAbout8.2 Attch 7 CC Reso 198-11RESOLUTION 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 FORA 4,456 SQUARE FOOT ADDITION TO AN EXISTING 23,994 SQUARE FOOT BUILDING AT 6958 SIERRA COURT AND AFFIRMING THE PLANNING COMMISSION'S FINDINGS PLPA 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, AIA 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 fora 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 ATTACHMENT 7 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 fora 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 fora 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 ~J M-,- Mayor ATT T: City Clerk Reso No. 198-11, Adopted 11-15-11, Item 7.1 Page 2 of 2 ~ Exitbit A to Attachment ~ ~~ ~. ~ .. `. 0 ~; _ 1~F ~ j~' II . . ~ •1 ,~ - 1 J3 ~ T ,~ - f :~~ I~ ~ ~ ~~~ ~ ~. . - ~: ~- `~ /r ~-a [- r• 1~ 3 i ~~ .:. •~ s ~~ ~ ' ~ .-~ _ ~ ' ~ ,.• 1 . •~_ u~w+.~awowti t - ALL AA'IERICAN LABEL ~n LHARLL•5 fiUfF N.~ S45E3 Slerro Ct. DUOIIN ifY~..nNMyf¢~~ n...v.,G.. .m.,n..